ALLIED BLENDERS AND DISTILLERS LIMITED vs BOUTIQUE SPIRIT BRANDS PRIVATE LIMITED

Judgment text excerpt

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 395/2023 & I.A. No. 37843/2024 ALLIED BLENDERS AND DISTILLERS LIMITED .....Plaintiff Through: Mr. Pravin Anand with Mr. Shrawan Chopra, Mr. Achyut Tewari and Mr. Aayush Maheshwari, Advocates. (M): 8604633567 versus BOUTIQUE SPIRIT BRANDS PRIVATE LIMITED .....Defendant Through: None. CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA ORDER % 10.02.2025 MINI PUSHKARNA, J (ORAL) I.A. 37843/2024 (Application under Order XIII-A read with Order VIII Rule 10 read with Section 151 of the Code of Civil Procedure, 1908 (“CPC”) 1. The plaintiff has filed the present suit seeking an order of permanent injunction restraining the defendant from using the goods with the impugned mark “BSB MYRON” or any other identical/deceptively similar marks thereto, amounting to infringement of the plaintiff‟s trademark “KYRON”. 2. The case as set up by the plaintiff, in the plaint is as follow: 2.1 The plaintiff is in the business of inter alia manufacturing and marketing alcoholic beverages, including Indian Made Foreign Liquor (“IMFL”). The alcoholic beverages are sold by the plaintiff under various distinctive trademarks and labels, most of which have been registered by the plaintiff. Signature Not Verified Digitally Signed CS(COMM) 395/2023 Page 1 of 14 By:AMAN UNIYAL Signing Date:22.02.2025 21:42:18 2.2 The plaintiff coined and adopted the word “KYRON” in the year 2010 and has been using the same continuously and extensively since the year 2012, for which the plaintiff holds registrations in Classes 9, 32 and 33. 2.3 The plaintiff has been exporting its products under the “KYRON” mark to countries like Bahrain, South Africa, Sudan, Ghana, UAE, etc., which constitutes the use of the mark in India under Section 56 of the Trade Marks Act, 1999. 2.4