COMMON ORDER

M/s.Allied Blenders and Distillers Private Limited (hereinafter to be referred as ‘ABD’ for brevity) marketing its whisky under the name ‘OFFICER’S CHOICE’. M/s.John Distillers Limited (hereinafter to be referred as “JDL” for brevity) marketing their whisky under the name “ORIGINAL CHOICE”. Both companies have registered their respective trademarks.

2. Challenging the grant of a trademark to the other, both appeared before the erstwhile Intellectual Property Appellate Board (IPAB) seeking rectification of the mark used by the other. Both failed. Hence, these two captioned Writ Petitions have been filed.

3. Case of Allied Blenders and Distillers Ltd (ABD), as found in its ‘Statement of case’ and ‘Grounds of Rectification ‘in ORA 143/2008/TM/CH filed before the Intellectual Property Appellate Board (IPAB):

The Registered Trademark “ORIGINAL CHOICE” bearing No:722161 in Class 33 (Whisky) registered in the name of M/s.John Distillers Ltd (JDL) is sought to be removed/rectified/revoked for the following reasons:-

a) The applicant, M/s.Allied Blenders and Distillers Ltd (ABD), manufacturing and marketing alcoholic beverages, including IMFL. One of the popular marks of the applica