MEHER DISTILLERIES PRIVATE LIMITED Vs. SG WORLDWIDE INC.

JUDGEMENT

(1.) The Appellant-Meher Distilleries is a registered proprietor of the trademark THE ASWA for the class alcoholic beverages. Respondent No.2- Radico Khaitan launched a product in the same class, a single malt whiskey, using the mark ASAVA. Appellant filed a commercial suit for trademark infringement and took out an interim application to restrain the Respondents from using ASAVA as a trademark. The learned Single Judge by the impugned order dismissed the interim application. Challenging the judgment and praying for a restraint order, Appellant has filed this commercial appeal under Section 13 of the Commercial Courts Act, 2015.

(2.) The Appellant-Meher Distilleries is referred to as the Plaintiff. HG Worldwide Corporation as Defendant No.1and Radico Khaitan Limited as Defendant No.2.

(3.) Plaintiff produces and deals with alcoholic beverages. The distillery of the Plaintiff is in village Aswa in Dahanu Taluka of Palghar District in the State of Maharashtra. On 11 April 2014, Plaintiff applied for registration of the trademark THE ASWA under the Trade Marks Act, 1999(the Act). The application was granted in the year 2016, and Plaintiff got registration of the trademark THE ASWA under Registration No.2716867 in Class-33 in respect of whiskey, vodka, brandy, rum, gin, wine, alcoholic coolers, alcoholic mixes, country liquor. Plaintiff was researching before launching the product. Plaintiff sought permission to use the label with trademark THE ASWA as per the State Excise Rules and was granted the same on 18 August 2020.