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PRANAY VERMA
Mount Everest Breweries Limited – Appellant
Versus
Excise Commissioner Madhya Pradesh – Respondent
ORDER
1. This petition under Article 226 of the Constitution of India has been preferred by the petitioner being aggrieved by orders dated 26.10.2023 and 3.10.2023 passed by respondent No.1, whereby the label of respondent No.3 namely “VASCO 60000 EXTRA STRONG BEER” has been registered.
2. As per the petitioner, it is a manufacturer of beer and is having a brewery license B-3 and is having its manufacturing unit at Mhow, District Indore. Respondent No.2 issued a public notice on 24.5.2023 stating that respondent No.3 has applied for registration of label “VASCO 60000 EXTRA STRONG BEER”. Objections were invited to registration of the label. The petitioner submitted its objection on 25.5.2023 to the registration of label submitting that the same is extremely similar and based on artistic label of petitioner’s “MOUNT’S 6000 SUPER STRONG BEER” which is already registered with respondent No.1. It was submitted that respondent No.3 has dishonestly copied the entire label, numeral 6000, artistic features, background, style, colour scheme, get-up and meaning conveyed making the label highly similar to petitioner’s label. However, by order dated 3.10.2023, respondent No.1 has registered the
The scope of Rule 122(c) of the West Bengal Excise (Foreign Liquor) Rules, 1998, in the context of granting registration for the manufacture and sale of foreign liquor under a particular brand name o....
Registered trademark owners are entitled to prevent unauthorized use that is likely to confuse consumers, establishing a right to seek injunction and damages for infringement and passing off.
Once the mark is registered, at an interlocutory stage, the Court would be loath to deny the registered trademark the statutory protection against infringement which Section 28(1) of the Trademarks A....
The prior user of a trademark holds exclusive rights, and similarity in name constitutes a bar against adoption by a subsequent user.
The main legal point established in the judgment is that registration under the Copyright Act and Excise Act does not permit infringement of a registered trade mark. The significance of disclaimer in....
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