UNITED DISTILLERS AND VINTNERS Vs. KHODAY BREWERIES LIMITED

JUDGEMENT

(1.) This judgment will dispose of plaintiffs' suit for injunction and accounts for infringement of trademark and passing of their registered trademark 'Johnnie Walker'.

(2.) Concisely the case of the plaintiff is that plaintiff No. 1 was incorporated under the laws of The Netherlands and Ms. Geraldine Downey is the constituted attorney and plaintiff No. 2 is a company incorporated under the laws of India and Mr. S. Sridhar is the constituted attorney who has signed and verified and instituted the suit on behalf of respective companies.

(3.) Plaintiff No. 1 contended that by virtue of an assignment in August, 2000 it became the owner of 'Johnnie Walker' brand and trademark. The plaintiffs gave the details as to how plaintiff No. 2 derived its title. They contended that they are the renowned distillers, bottles, blenders, exporters and distributors of alcoholic beverages and some of their popular brands are like Johnnie Walker (Red Label, Black Label, Blue Label, Gold Label) Haig, Dimple, Vat 69, Black and White and White Horse. It was pleaded that the brand was adopted as back as 1909, however, the history goes back to 1820.