Delhi High Court Issues Interim Stay Order Against Registration Of “JACK DANIEL'S” Trademark By Another Business Entity

In an interim order granted in favour of well known alcohol brand Jack Daniels Properties Inc., the Delhi High Court stayed the registration of the brand's trademark “JACK DANIEL'S” by another entity. Jack Daniels had submitted that it has been using the mark “JACK DANIEL'S” since 1895 in respect of alcoholic beverages. It is a registered trademark and it been using the mark in India since 1997. It alleged that one M/S Manglam Krupa (respondent no.1) has got the “JACK DANIEL'S” mark registered with the Registrar of Trademarks on a 'proposed to be used' basis. It argued that the registration and adoption of the mark is a malafide attempt by respondent no. 1. It stated that respondent no. 1 is attempting to ride over the goodwill and reputation of its trademark and that the impugned mark it is likely to cause confusion and deception among the public.Justice Amit Bansal in its order observed that there was a prima facie case made out against the respondent. It said: "In my view, a prima facie case is made out in favour of the petitioner and against the respondent no.1 that the registration granted in favour of the respondent no.1 is violative of provision of Section 9(2)(a) and Section 11 of the Trade Mark Act, 1999. Balance of convenience is in favour of the petitioner and against the respondent no.1 Irreparable harm will be caused to the petitioner if the operation of the impugned mark is not stayed". Section 9(2)(a) states that mark shall not be registered if deceives or causes confusion to public and Section 11 pertains to grounds for refusal of trademark registration. The Court thus stayed the registration of the mark by the respondent until the next date of hearing.It issued notice to the respondents and kept the matter for further hearing on March 26, 2025Case title: Jack Daniels Properties, Inc. vs. M/S Manglam Krupa & Anr. Citation: 2024 LiveLaw (Del) 1327Counsels for Petitioner: Mr. Ankit Sahni, Ms. Kritika Sahni, Mr. Chirag Ahluwalia, and Mr. Mohit Maru (of Ajay Sahni & Associates)Click Here To Read/Download Order

Delhi High Court Issues Interim Stay Order Against Registration Of “JACK DANIEL'S” Trademark By Another Business Entity

Sanjana Dadmi

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