IMPORTANT POINT
When pleadings in main proceeding i.e. a suit can be amended, no reason why an affidavit filed in an Interlocutory Application in a suit, cannot be amended.

ORDER (COMMON)

M.S. Ramachandra Rao, J.—These three Revisions arise out of the same suit between the same parties and are therefore being disposed of by this common order.

2. The petitioner in the Revision Petitions is defendant in O.S.No.106 of 2020 on the file of XI Additional Chief Judge, City Civil Court at Hyderabad.

The Case of the Respondent/Plaintiff in the Suit

3. The respondent herein had filed the said suit against the petitioner contending that it is in the business of manufacturing and marketing of alcoholic beverages including Indian Made Foreign Liquor (IMFL); that it sells alcoholic beverages under various distinctive trade marks and labels, such as ‘OFFICER’S CHOICE’, ‘OFFICER’S CHOICE BLUE’, ‘OFFICER’S CHOICE BLACK’ etc; that it acquired the said ‘OFFICER’S CHOICE’ trade mark under a deed of assignment dt.26.02.1991 from its predecessor; that it has been using the same since 1988; that its products using the said trade mark have acquired reputation and goodwill as a result of their excellent quality, distinctive packaging etc.; that it has also secured registration of the trade mark ‘OFFICER’S CHOICE’ and its variants as mentioned in para-9 of the plaint not only in English but also in other languages as well which are still subsisting and it has proprietary rights in the said marks; that the label ‘OFFICER’S CHOICE’ used by it has a distinctive design, colour scheme, font, layout and getup along with the epaulette as its trade dresses/labels which constitute an ‘original artistic work’ within the meaning of Section 2(c) of the Copyright Act, 1957 and that it is the owner of the said Copyright; that it has also registered its labels mentioned in para- 11 of the plaint under the Copyright Act, 1957; that one of the labels contains a combination of red, white and gold/yellow.

4. It is contended by the respondent that the petitioner/defendant is also claiming to be a manufacturer and marketer of liquor brands and products in the States of Telangana and Andhra Pradesh; that the petitioner is using a label “Manjeera Classic No.1 Whisky”, “Manjeera Classic Reserve Whisky” and “Manjeera Special Reserve Whisky” in these States which are similar and identical to the respondent’s “OFFICER’S CHOICE” trade mark, trade dress and labels; and this conduct of the petitioner is dishonest and in bad faith and proves its intention to ride on the goodwill and reputation enjoyed by the respondent; that the petitioner’s labels are deceptively and confusingly similar to the respondent’s labels and violate the statutory rights and common law rights of the respondent.

5. Therefore the respondent sought perpetual injunctions (a) restraining the petitioner from infringing its registered trademark “OFFICER’S CHOICE” and its variants, (b) restraining the petitioner from infringing its copyright; (c) restraining the petitioner from manufacturing, selling, exporting etc with the labels “Manjeera Classic” and “Manjeera Special” and from doing anything which is likely to cause confusion or deception leading to ‘passing off’ of the petitioner’s goods business as those of the respondent, damages etc.

The Written Statement of the Petitioner

6. Written statement was filed by petitioner denying the said averments and justifying the use by it in the existing form of the marks and labels “Manjeera Classic” and “Manjeera Special”. It is also contended that there is no similarity with the respondent’s mark or labels.

IA No.s 401,402 and 403 of 2020 filed under or.39 rule 1 and 2 CPC

7. Pending suit, I.A.No.401 of 2020 was filed by the respondent under Order 39 Rules 1 and 2 C.P.C. for a temporary injunction restraining the petitioner from infringing its trade mark “OFFICER’S CHOICE”; I.A.No.402 of 2020 was filed under Order 39 Rules 1 and 2 C.P.C. by the respondent to restrain the petitioner from ‘passing off’ of its goods and business as that of the respondent; and I.A.No.403 of 2020 was filed under Order 39 Rules 1 and 2 C.P.C. to restrain the petit