FOUR SEASONS WINES LTD. Vs. COMMISSIONER OF EXCISE, M/S. ELITE VINTAGE WINERY INDIA PVT. LTD. AND KRISHNA VALLEY WINE YARD PVT. LTD.

JUDGEMENT

(1.) PETITIONER is the holder of label mark called 'Four Seasons' under the Trademarks Act, 1999 as per Annexure -B from the year 1995. Under the provisions of Karnataka Excise (Sale of Indian and Foreign Liquor) Rules, 1968 petitioner got approved five brands of wine labels belonging to the trade mark 'Four Seasons' for sale of wine in the State of Karnataka from the year 2008 -2009 as per Annexure -C. From time to time the label mark is renewed in favour of the petitioner. When the matter stood at that stage, the respondents also obtained the trademark as SEASONS under the Trademark Act. Further the respondents have also obtained five label names as per Annexure -F under the provisions of Karnataka Excise (Bottling of Liquor) Rules, 1967 from the year 2009 -2010. On coming to know the label mark obtained by the respondents the petitioner filed objections questioning the grant of label mark in favour of the respondents. On the objections filed by the petitioner the Excise Commissioner issued notice to both the parties to appear before him on 25.02.2010. Accordingly both the parties appeared before the Excise Commissioner, submitted their oral and written arguments. By considering the rival contentions, the Excise Commissioner passed the impugned order, Annexure -J dated 19.07.2010 rejecting the objections filed by the petitioner. Therefore the petitioner is before this court.

(2.) HEARD arguments on both the side and perused the entire writ papers.