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VIVEK RUSIA, BINOD KUMAR DWIVEDI
Mount Everest Breweries Limited – Appellant
Versus
Excise Commissioner Madhya Pradesh – Respondent
ORDER
Rusia, J:-- 1. The appellant/petitioner has filed this writ appeal challenging the order dated 12.8.2024, whereby the Writ Petition No.31110 of 2023 has been dismissed with the liberty to institute a civil suit.
2. Facts of the case in short are as under:
2.1. The writ petitioner is a company registered under the Companies Act having its registered office at 4th Floor, BPK Star Tower, A.B. Road, Indore and its manufacturing unit at Sirmaur, Mhau. The petitioner has a B-3 license for manufacturing foreign liquor. Petitioner is manufacturing “MOUNT 6000 SUPER STRONG BEAR” which is already registered with respondent No.1 under rule 12 of Madhya Pradesh Bear and Wine Rules, 2002 (hereinafter referred to as “Rules, 2002”) and rule 9 of Madhya Pradesh Foreign Liquor rules, 1996 (hereinafter referred as rules, 1996”). Respondent No.3 is also a company registered under the Companies Act engaged in the manufacturing of beer and wines. Respondent No.3 applied before respondent No.2 for registration of the label, the respondent No.2 issued a public notice dated 24.5.2023 inviting objections in respect of registration of label “BOLD SUPER STRONG BEAR” AND “VASCO 60000 EXTRA STRONG BEAR”.
2.2
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....
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.
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....
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