SKOL BREWERIES Vs. UNISAFE TECHNOLOGIES

JUDGEMENT

(1.) The plaintiff, in this suit, seeks the relief of permanent injunction against the defendant alleging infringement, passing off and unfair competition in respect of its trade mark, "KNOCK OUT". Other consequential reliefs are also claimed.

(2.) The suit avers that the plaintiff is proprietor of the brand, KNOCK OUT for beer by virtue of an assignment deed dated 27.05.2005 executed in its favour by MBL Investments Ltd, (which was later amalgamated with the plaintiff). It is stated that the said brand has been in existence for over two decades and enjoys large and established reputation both in the domestic, as well as international markets. The plaintiff, inter alia, is engaged in the business of brewing, distilling and marketing beer under various trademarks (Haywards 2000, Haywards 5000, Royal Challenge and Knockout). The brand KNOCK OUT has been in existence and continuous use since 1986 (by the plaintiff's predecessor in interest). The registered trademarks of the plaintiff are: <FRM>JUDGEMENT_2055_ILRDLH20_2010_1.html</FRM>

(3.) Further, it is stated that the KNOCK OUT beer is India's leading brand selling over 7 million cases, with Karnataka being the biggest market, followed by Andhra Pradesh and Maharashtra. The plaintiff has produced sales for the said brand for the years 1999 to 2004, as under: <FRM>JUDGEMENT_2055_ILRDLH20_2010_2.html</FRM>