CARLSBERG INDIA PVT LTD Vs. RADICO KHAITAN LTD

JUDGEMENT

(1.) We shall be referring to the parties as 'Radico' and 'Carlsberg'. We highlight that Radico Khaitan Ltd. hereinafter referred to as 'Radico' was the plaintiff and Carlsberg India Pvt. Ltd. hereinafter referred to as 'Carlsberg' was the defendant. In the suit filed by Radico against Carlsberg, permanent injunction restraining Carlsberg from using the numeral '8' as a part of its trademark was prayed for. Damages were also claimed. The action is one for infringement and in the alternative for passing off.

(2.) Radico's case is that it is the registered proprietor of various trademarks, having obtained registration in India and '8 PM' is an essential, distinguishing and identifying feature of the various trademarks, registration whereof has been obtained by Radico. The registered trademarks are '8 PM BERMUDA XXX RUM', '8 PM ROYALE', '8 PM EXCELLENCE BRANDY' and '8 PM BERMUDA WHITE ORIGINAL'. Apart therefrom, Radico claims to be the registered proprietor of the mark '8 PM' pertaining to whisky under Class-32 of the T.M.Act 1999. It is the case of Radico that between the years 2006 2007 till 2010 2011 its sales have ranged from minimum of Rs. 2136.4 million to Rs. 2565.9 million.

(3.) In a nutshell, Radico pleads a proprietary interest in the mark '8 PM'. It claims that the numeral '8' is an essential, distinguishing and identifying feature of its mark in relation to the font size and the colour with which the numeral '8' is printed.