ALLIED BLENDERS AND DISTILLERS LIMITED vs KULBIR SINGH, & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 22.08.2025 + C.O. (COMM.IPD-TM) 191/2024 with I.A. 40178/2024 & I.A. 40179/2024 ALLIED BLENDERS AND DISTILLERS LIMITED .....Petitioner Versus KULBIR SINGH & ANR. .....Respondents Advocates who appeared in this case For the Petitioner : Mr. Pravin Anand, Mr. Shrawan Chopra, Mr. Achyut Tewari and Mr. Krisha Baweja, Advocates For the Respondents : Ms. Nidhi Raman & Mr. Om Ram, Advocates for R-2. CORAM: HON'BLE MR. JUSTICE TEJAS KARIA JUDGMENT TEJAS KARIA, J 1. The present Petition has been filed by the Petitioner under Sections 9, 18, 47 and 57 of the Trade Marks Act, 1999 (‘Act’) seeking cancellation of the Trade Mark No. 1799370 registered in Class 33 for the Mark (‘Impugned Mark’) in the name of Respondent No.1, and for the rectification of the Trade Marks Register under Rule 7 of the Delhi High Court Intellectual Property Rights Division Rules, 2022. Signature Not Verified C.O. (COMM.IPD-TM) 191/2024 Page 1 of 15 Signed By:NEELAM SHARMA Signing Date:22.08.2025 16:22:00 FACTUAL BACKGROUND 2. The Petitioner owns and operates a well-established business, inter alia, of manufacturing and marketing Indian Made Foreign Liquor and other related goods. The Petitioner’s merchandise is sold globally under many distinctive Trade Marks and caters to various consumer segments. 3. Over the past several decades, the Petitioner introduced multiple well- known brands, and many of them have become popular names in the country such as ‘OFFICER’S CHOICE’, ‘OFFICER’S CHOICE BLUE’, ‘CLASS VODKA’, ‘CLASS 21’, ‘CALYPSO’, ‘SUMO’, ‘1000 GUINEAS’, ‘LORD & MASTER’, ‘KYRON’, ‘STERLING RESERVE’, among others. 4. The Petitioner’s Trade Mark relevant to the present controversy is ‘JOLLY ROGER’. The Petitioner’s predecessors had adopte