The Delhi High Court has passed an ad interim order restraining the manufacturing, marketing, sale etc. of alcohol under the mark 'VINTAGE MOMENTS' in a suit filed by the manufacturers of the alcohol brand Magic Moments. The single judge bench of Jus. Mukta Gupta in passing the interim order recorded that plaintiff had successfully made out a prima facie case in its favour based on the documents filed and the sales figure shown by them. The order for ad interim injunction on the ground that that the balance of convenience was in the favour of the plaintiffs and if no injunction was granted, the plaintiff was likely to suffer irreparable loss.
The plaintiff Radico Khaitan claimed to be one of the India's largest liquor companies having 400 wholesale distribution centres and accounts for 95% of the retail outlets all over India. They had been in the business of selling gin, vodka etc. under the trademark 'MAGIC MOMENTS' which was claimed to have been adopted by them since 1997 and in use as word mark along with its variants as well as a device mark. Their plaint also stated that the company had recorded the sales figure of Rs 1,71,238.26 lakh in India and Rs 2,169.28 lakh overseas during the year of 2019-20.
The plaintiff had brought forth their grievance against the defendants Vintage Distillers Ltd. for adopting the mark 'VINTAGE MOMENTS' for the identical goods. They highlighted in their averments that the said mark stood objected by the Trademark Registry showing that predominant marks registered with the word 'MOMENTS' belongs to the plaintiff.
It was on the basis of these averments of the plaintiff that the court has ordered for an ad interim injunction and has also issued summons in the trademark infringement suit. The matter will now be heard next on February 17, 2021.
The plaintiff was represented by Advocates Anirudh Bakhru, Ishani Chandra, Ankit Rastogi, Ayush Puri, Raghu Vinayak Sinha and Ritika Sharma.
The defendant was represented by Advocate Ankit Popli
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