MOHAN MEAKIN LIMITED Vs. A.B. SUGARS LIMITED

JUDGEMENT

(1.) The plaintiff has instituted this claiming permanent injunction restraining the defendant from manufacturing, selling, offering for sale, distributing, advertising or dealing in alcoholic beverages especially Indian Made Foreign Liquor (IMFL) or goods of any description bearing the trademark and/or trade name and/or label "TOLD MOM" and/or any other name/mark or label deceptively similar to the plaintiff's trademark/label "OLD MONK", and for ancillary reliefs of delivery, damages etc.

(2.) Summons of the suit and notice of the application for interim relief were issued. After extensive arguments on 2nd December, 2010 and 8th December, 2010, the counsel for the defendant stated that the defendant was agreeable to change the mark "TOLD MOM" as well as the label then being used by it for selling rum and sought time to suggest alternative names and labels. When further time for the said purpose was sought on 20th December, 2010, the defendant was restrained from using the name "TOLD MOM" and the label which it was then using and to which objection was taken in the plaint. No settlement could however be reached between the parties. The defendant ultimately proposed to change the name of its product from "TOLD MOM" to "TALL MOM" but which proposal was rejected by the plaintiff as recorded in the order dated 19th September, 2012.

(3.) Arguments on the application of the plaintiff for interim relief and of the defendant under Order 39 Rule 4 of the Civil Procedure Code (CPC), 1908 were commenced on 8th January, 2013, when upon enquiry, whether any evidence was required to be led in the suit, both counsels after consideration stated that the suit itself can be disposed of without any further evidence. Accordingly, arguments were heard on the suit itself. The defendant in the course of the said arguments filed an affidavit which was taken on record and considered.