$~22

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: 13^thSeptember, 2023

+

CS(COMM)

299/2022

and

I.A.

7153/2022,

16007/2022,

17610/2022, 11215/2023, 16205/2023

PERNOD RICARD INDIA PRIVATE LIMITED

..... Plaintiff

Through:

Mr. Hemant Singh, Mr. Sambhav

Jain, Mr. Anuraj Tirthankar & Mr.

Akhil

Saxena,

Advocates.

(M:

9958864541)

versus

GAGAN WINE TRADE AND FINANCIERS LIMITED

& ORS.

..... Defendants

Through:

Mr. Shailen Bhatia, Ms. Ekta Nayyar

Saini,

Mr.

Arnav

Chatterjee,

Mr.

Nakul

Mehta,

Advs.

(M:

9818558690)

CORAM:

JUSTICE PRATHIBA M. SINGH

Prathiba M. Singh, J.(Oral)

1.

This hearing has been done through hybrid mode.

2.

The present suit has been filed by the Plaintiff-M/s Pernod Ricard

India Pvt. Ltd. seeking a permanent injunction against three Defendants

namely, Defendant No. 1-Gagan Wine Trade and Financiers Ltd., Defendant

No. 2-Green Valley Town Planners Pvt. Ltd. and Defendant No. 3-

Galestorm Distillery Pvt. Ltd (hereinafter, ‘the Defendants’). The Defendant

No. 3 is engaged in the bottling and blending of Indian Made Foreign Liquor

such as Whisky. The Defendant No. 3 was approached by the Defendants

No. 1 and 2 to manufacture and blend goods being whisky under the trade

mark/ label IMPERIAL VAT NO. 1.

Digitally Signed

By:RAHUL

Signing Date:15.09.2023

18:22:14

Signature Not Verified

3.

The present suit relates to the packaging, label and the overall get-up

of the Plaintiff’s product labelled ‘IMPERIAL BLUE’ whiskey.

The

Plaintiff’s case is that the Plaintiff has trademark registrations for the mark

‘IMPERIAL BLUE’, the label, the three-dimensional bottle, the packaging,

and has rights in respect of various other elements constituting the

distinctive packaging of the Plaintiff.

4.

The Plaintiff’s grievance in the present suit is that the Defendants who

are selling ‘IMPERIAL VAT NO. 1’ whiskey, have imitated the entire label,

get-up, font size, manner of writing, colour combination and placement of

elements including the shape of the bottles. The comparative features of the

Plaintiff’s product and the Defendants’ products is set out below:

COMPETING PRODUCTS

The competing trade marks, get-up and trade dress are used by both parties

for identical product namely ‘Indian whisky’

COMPETING TRADE MARKS

Digitally Signed

By:RAHUL

Signing Date:15.09.2023

18:22:14

Signature Not Verified

Mono-carton

Bottles

Digitally Signed

By:RAHUL

Signing Date:15.09.2023

18:22:14

Signature Not Verified

5.

As per the Plaintiff, the grievance was that the following features of

the two products are similar/imitative in nature. The same are mentioned

below:

(i)

The overall colour combination, comprising predominantly of a

blue label, brands written in white colour, borders and textual

material in golden colour;

(ii)

The identical manner of writing the brands with “IMPERIAL”

written in an arched-manner, and the remaining portion of the

brand written below it;

(iii)

The insignia with the crest device placed on top of the label in

golden colour, right above the depiction of the trade mark.

6.

The Plaintiff claims that it has an annual turnover of Rs.2796 crores in

the year 2020-21, and it has rights both in the mark ‘IMPERIAL BLUE’, as

also in various elements forming the part of the whole product including the

label, packaging, colour combination, get up, various depicted on the said

product.

7.

The allegation in the suit is that the Defendants have deliberately

imitated the distinctive elements of the Plaintiff's packaging and products,

and hence an injunction was sought in the suit along with the damages and

other reliefs.

8.

Vide order dated 9^thMay, 2022, in the present suit, after considering

the matter, an ex-parte ad-interim injunction was granted in the following

terms:

Digitally Signed

By:RAHUL

Signing Date:15.09.2023

18:22:14

Signature Not Verified

9.

The said order was, thereafter, clarified vide order dated 1st February,

2023 in the following terms:

that there is no injunction operating against the

defendants from using the 'IMPERI