UNITED SPIRITS LTD Vs. INVINCIBLE ENTERTAINMENT PVT.LTD

JUDGEMENT

(1.) Heard the learned counsel appearing for the parties for ad interim relief only.

(2.) The Plaintiff/company is engaged in the business of manufacture, distilling and sale of alcoholic beverages including whisky. The Plaintiff is the third largest manufacturers of spirits products in the world. The Plaintiff is the registered proprietor of the trade marks "Black Dog" (both words and label). In the market, such whisky, the trade marks/label marks is also known and recognized by the phonetic use of words "Block Dog". Therefore, the use of the words "Black Dog" in respect of any drink purported to be whisky which is not the Plaintiff's whisky amounts to an infringement of Plaintiff's registered trade mark.

(3.) Defendants 1 to 4 are the co producers of Cinematograph film entitled "Kismat Love Paisa Dilli" (the said film) which, according to the plaintiff, contains disparaging statements about the plaintiff's well known whisky sold under the trade mark "Black Dog". The averments are supported by an affidavit and the relevant documents including the relevant clips/copies of slide shows of the promos of the movie which will be releasing in the threatres on 5 October 2012 as promoted and advertised.