DIAGEO SCOTLAND LIMITED vs PRACHI VARMA & ANR.

Judgment text excerpt

* 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” Signature Not Verified C.A. (COMM.IPD-TM) 7/2025 Page 1 of 9 Digitally Signed By:BABLOO SHAH Signing Date:16.04.2025 16:50:34 its flagship brands is “CAPTAIN MORGAN”, a rum brand first launched in 1982 and acquired by Diageo in 2001. Since then, the “CAPTAIN” formative has become the nucleus of an extensive branding architecture, including sub-brands such as “CAPTAIN MORGAN GOLD”, “CAPTAIN MORGAN WHITE RUM”, “CAPTAIN MORGAN DARK RUM” and others. 3. As per appellant, the “CAPTAIN” brand has been continuously and extensively used in India since 2006 and has obtained registration no.1485228 for the trademark “CAPTAIN” and no.708544 for