The Delhi High Court in one of its recent order has restrained Liquor Brand 'Vintage Moments' from manufacturing, marketing, selling etc. its product under its name as the Court observed it infringes trademark of 'Magic Moments'.
While passing the ad-interim injuction in favour of the plantiff (Magic Moments), the Single-Judge Bench of Justice Mukta Gupta observed:
"Considering the averments in the plaint as also the documents filed therewith the plaintiff has made out a prima facie case in its favour and in case no ad-interim injunction is granted, the plaintiff will suffer and irreparable loss. Balance of convenience also lies in favour of the plaintiff."
Magic Moments, in the suit filed stated that it was not only the registered owner of the word mark ‘MAGIC MOMENTS’ with its variants but also the owner of a number of device marks with the mark ‘MAGIC MOMENTS’.
Registering their grievance with the Court, the plantiff highlighted that Vintage Distillers (Defendant) adopted the mark ‘VINTAGE MOMENTS’ for identical goods which in turn has affected the sales of the plantiff.
It also submitted with the Court, sales figures from 2005-06 to 2019-20 which showed in the year 2019-20 the sales in India were ₹171238.26 lakhs and overseas ₹2169.28 lakhs.
It was informed to the Court that the Defendant had even applied for the registration of the mark ‘VINTAGE MOMENTS’ for alcoholic beverages including wines, spirits, whisky, rum, vodka, gin and brandy.
The fact that Trademark Registry had already objected to Defendant's registration of the mark. As per the Registry, the pre-dominant marks registered with the word ‘MOMENTS’ belonged to the Plaintiff.
The Court on the basis of the avertments in the plaint and documents placed before it, reached the conclusion that the Plaintiff had made out a prima facie case in its favour and thus passing an ad-interim injunction was passed in favour of the Plaintiff and against the Defendant till next hearing.
The order has been passed by Single-Judge bench of Justice Mukta Gupta on 12-10-2020.
Read Order Here:
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