Back
C. HARI SHANKAR
Pernod Ricard India Private Limited – Appellant
Versus
Frost Falcon Distilleries Limited – Respondent
JUDGMENT
1. This judgment disposes of IA 2821/2021, preferred by the plaintiff, seeking interim injunction against the defendant.
Facts
2. The plaintiff alleges that the defendant's mark "CASINOS PRIDE", the label of the defendant, the design of the bottle in which the defendant sells its product and the package in which the bottle is packed all infringe the plaintiff's registered trademarks.
3. The allegedly infringing product of the defendant, and the package in which it is packed and sold, are the following:
| Product | Package |
 |  |
4. Two products of the plaintiff are subject matter of the present proceedings. Both are IMFL. They are "BLENDERS PRIDE" and "IMPERIAL BLUE". Admittedly, the products of the plaintiff and the defendant belong to the same segment i.e. Indian Made Foreign Miquor (IMFL) and, therefore, cater to the same customer base. They are also, therefore, available from the same outlets.
5. The plaintiff also alleges that the defendant is seeking to pass off its goods as those of the plaintiff or as associated with the plaintiff and its business.
6. The marks that the plaintiff asserts, in this plaint, may be referred to as (i) the BLENDERS PRIDE marks, and (ii) the IMP
 | ||||
 | ||||
 | ||||
 | ||||
 | ||||
 |
 |  |
The court found that despite phonetic similarity, the distinctiveness of trade marks and differences in intended consumer bases negate the likelihood of confusion and passing off.
The court established that the rights of the prior user of a trademark are superior to those of a subsequent user, emphasizing the elements of goodwill, misrepresentation, and damage in passing off c....
The court emphasized likelihood of consumer confusion in trademark law, holding that similar marks can infringe established trademarks regardless of differences in service or field, thus supporting t....
Generic and descriptive terms in trademarks cannot be exclusively claimed, and likelihood of confusion must be assessed holistically from the average consumer's perspective.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
