Neutral Citation Number: 2023:DHC:2608

CS(COMM) 115/2022 Page 1 of 55

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CS(COMM) 115/2022 & I.A. 5427/2022

ALLIED BLENDERS AND

DISTILLERS PVT. LTD.

..... Plaintiff

Through:

Mr. Rajiv Nayar and Mr. Akhil

Sibal, Senior Advocates with Mr. Shrawan

Chopra, Mr. Vibhav Mithal, Mr. Achyut

Tewari, Mr. Saurabh Seth, Mr. Sanjay

Chhabra, Ms. Deboshree and Mr. Akhil

Dehlan, Advocates.

versus

SNJ DISTILLERS PRIVATE LIMITED

& ANR

...... Defendants

Through:

Mr.

Sandeep

Sethi

and

Mr. Chander M. Lall, Senior Advocates with

Mr. Kartik Seth, Ms. Shriya Gilhotra,

Ms. Garima Saxena, Mr. Sahil Nagpal and

Mr. Akshit, Advocates for D-1 and 2.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

JUDGEMENT

JYOTI SINGH, J.

I.A. 2712/2022 (under Order XXXIX Rules 1 and 2 CPC, by Plaintiff)

I.A. 4044/2022 (under Order XXXIX Rule 4 read with Section 151

CPC, by Defendants)

1.

This judgment will dispose of the application filed by the

Plaintiff under Order 39 Rules 1 and 2, CPC, 1908 as well as

an application filed under Order 39 Rule 4, CPC filed by the

Defendants.

Digitally Signed

By:KAMAL KUMAR

Signing Date:21.04.2023

12:54:09

Signature Not Verified

Neutral Citation Number: 2023:DHC:2608

CS(COMM) 115/2022 Page 2 of 55

2.

Present suit has been filed by the Plaintiff seeking permanent

injunction restraining the Defendants and all others acting for or on

their behalf from using, manufacturing, selling, offering for sale,

exporting, importing, distributing, advertising directly or indirectly

dealing in alcoholic beverages, especially, country spirits and Indian

Made Foreign Liquor (IMFL) under the impugned mark

or

any identical/deceptively similar mark to that of Plaintiff’s trademarks

‘Officer’s Choice’, ‘Officer’s Choice Blue’ and ‘Choice’ amounting to

trademark infringement, passing off, dilution and tarnishment as well

as for delivery up, damages and rendition of accounts of profits with

costs.

3.

On 17.02.2022, Court granted ex-parte ad interim injunction

against the Defendants restraining them from using, manufacturing,

selling, etc., alcoholic beverages, especially, country spirits and IMFL

under the impugned trademark ‘Green Choice’ (label) (hereinafter

referred to as “Green Choice”) or any other mark, identical/

deceptively similar mark to Plaintiff’s trademarks ‘Officer’s Choice’,

‘Officer’s Choice Blue’ and ‘Choice’. Subsequently, an application

was filed on behalf of the Defendants under Order 39 Rule 4 CPC,

seeking vacation of the ex-parte injunction order. Pleadings being

complete in both the applications, they were taken up together for

hearing.

4.

The expose of facts, as set out in the plaint is that:-

(a)Plaintiff is in the business of manufacturing and marketing

alcoholic beverages including IMFL, sold under distinctive

trademarks OFFICER’S CHOICE, OFFICER’S CHOICE

BLUE, CLASS VODKA, STERLING RESERVE, etc. and

Digitally Signed

By:KAMAL KUMAR

Signing Date:21.04.2023

12:54:09

Signature Not Verified

Neutral Citation Number: 2023:DHC:2608

CS(COMM) 115/2022 Page 3 of 55

labels such as

,

,

,

,

,

,

and

.

(b)The Officer’s Choice trademark was coined and adopted in

the year 1988 by predecessor in rights, title and interest of

the Plaintiff and was assigned to the Plaintiff along with the

goodwill of the business by way of Deed of Assignment

dated 26.02.1991. By virtue of a demerger, transfer and

vesting of the liquor business of M/s BDA Pvt. Ltd. with

Allied Blenders and Distillers Pvt. Ltd. under a Composite

Scheme of Arrangement approved by the Bombay High

Court on