IP Case Digest · Trade Marks

Allied Blenders and Distillers Limited v. Batra Breweries and Distilleries Private Limited & Ors., CS(COMM) 551/2023

Case number
CS(COMM) 551/2023
Date of judgment
Judge
Tushar Rao Gedela
Outcome
Suit decreed

Headnote

Summary judgment and a permanent injunction granted against use of a whisky mark incorporating the plaintiff's registered element. The defendants did not controvert the pleadings, and the Court relied on continuous use since 1988, roughly 160 registrations covering the marks, labels and variants, and a body of earlier orders and judgments, to find reputation, goodwill, arbitrariness in the mark and distinctiveness with secondary meaning built over decades.

Read the judgment (PDF)

Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.