CHAMPAGNE MOET AND CHANDON Vs. UNION OF INDIA

JUDGEMENT

(1.) An order dated 27 th October 2004 passed by the Intellectual Property Appellate Board (IPAB?) dismissing the Petitioner?s appeal against an order dated 12 th June 1995 of the Deputy Registrar of Trademarks (DR?) is challenged in this petition under Article 226 of the Constitution. The Petitioner also challenges an order dated 3 rd March 2006 passed by the IPAB rejecting the Petitioner?s Review Petition No. 6 of 2004.

(2.) The Petitioner states that it is a company established under the laws of France and is a well-known manufacture of wines which it is selling under the trademark MOET, MOET & CHANDON and other brands in more than 150 countries of the world. It is stated that the Petitioner was founded in 1743 in France by Claude Moet who is stated to have been born at the time of Dom Perignon and stated to have dedicated his life to developing and perfecting the methods by which Champagne is made. He was succeeded by his grandson Jean-Remy Moet who in turn handed over the business in 1832 to his son Victor Moet and his son-in-law Pierre-Gabriel Chandon. It is stated that since then the Petitioner company is known as Moet & Chandon.

(3.) The Petitioner claims that its Champagne bearing the marks MOET & CHANDON had been shipped to India and that there are records to show that Champagne bearing the mark MOET was shipped to India as early as 1906. It is stated that the said brand of Champagne has been sold in India since then till date.