DIAGEO SCOTLAND LIMITED vs PRACHI VARMA & ANR.

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: April 08, 2025 % Pronounced on: April 16, 2025 + C.A. (COMM.IPD-TM)7/2025 DIAGEO SCOTLAND LIMITED .....Appellant Through: Mr. PeeyooshKalra, Ms. V. Mohini and Ms. Aarti Aggarwal and Mr. Yashwant Singh Bagel, Advs. Versus PRACHI VERMA AND ANR. .....Respondents Through: Ms. Nidhi Raman, CGSC with Mr. Debashish Mishra and Mr. Arnav Mittal, Advs. for R-2 CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE JUDGMENT 1. The appellant, has preferred the present appeal under Section 91 of the Trade Marks Act, 1999 1 assailing the order dated 01.10.2024 2 passed by the learned Assistant Registrar of Trade Marks 3, whereby its Opposition against the registration of the impugned mark “CAPTAIN BLUE” under application no.4398295 in Class 33 has been dismissed. Brief Conspectus: 2. The appellant, Diageo Scotland Limited, is a wholly owned subsidiary of Diageo PLC and forms part of the globally renowned Diageo Group, which holds a vast and diverse portfolio of spirit brands. Among 1 hereinafter referred to as “the Act” 2 hereinafter referred to as “impugned order” 3 hereinafter referred to as “Respondent No.2” 2001. Since then, the “CAPTAIN” formative