JUDGMENT

Mr. Alok Jain, J.

The present appeal arises out of the order dated 17.01.2022, whereby, the learned Court below has dismissed the application under Order 39, Rule 1 and 2 of CPC, filed by the appellant, inter alia, praying for restraining the defendants from infringing the trademark "Blenders Pride" by using, manufacturing and selling the goods under the alleged Trademark "Royal Challenger American Pride".

2. The brief facts of the case, as narrated by learned Senior counsel for the appellant, are that the Trademark "Blenders Pride" was adopted by the predecessor of the appellant-Company namely, the Seagrams Company Limited in the year 1973, for which it had obtained registration of the Trade Mark "Blenders Pride" vide Trademark Registration No.623365 in Clause 33, which relates to and deals in respect of wines, spirits and liquors. The said registration was dated 25.03.1994 and, thereafter, the predecessor of the appellant-Company launched a whiskey under the Trademark "Blenders Pride" in India.

3. Cutting short the long history of success of the said product in the market, learned Senior counsel for the appellant submits that by the year 2019, the appellant-Company was generating annual sales of X 1770 crores per annum, however, in the year 2019, the respondent United Spirits Limited (USL) filed an application No.4300764 seeking registration of the Trademark "Challenger American Pride" for the goods falling under Classes 32 and 33. Thereafter, the respondent applied for the approval of the label with the competent authorities at Mohali in Punjab and the appellants, coming to know about it, immediately filed their objections. In furtherance to protect their Trademark, the appellants also filed an application for cancellation of the Trademark Registration No.4300764 on 06.11.2020. Taking further steps to protect their rights, the appellants filed a suit before the Commercial Court, Mohali, inter alia, praying for:-

"27. In the light of above facts and circumstances, and in the interest of justice, the Plaintiff most respectfully prays that this Hon'ble Court may be pleased to grant the following reliefs:

a) a decree for permanent injunction restraining the Defendant, by itself or through its directors, group companies, associates, divisions, assignees in business, licensees, franchisees, agents, distributors and dealers from using manufacturing, selling, offering for sale directly or indirectly, the goods under the impugned Royal Challenge trade mark American Pride as applied for before the Excise Office, Punjab or any other trade mark/label containing the impugned trade mark AMERICAN PRIDE in any manner whatsoever or any other trade mark/label/logo which is identical with/deceptively similar to the trade mark Blenders Pride of the Plaintiff as may amount to infringement of trade mark registrations as mentioned hereinabove;

b) a