SKOL BREWERIES LTD Vs. FORTUNE ALCOBREW PVT LTD

JUDGEMENT

(1.) This is an action for infringement and passing off.

(2.) The plaintiff is the registered proprietor of the trademark "Haywards 5000" The first defendant has adopted the mark '50000' in respect of beer. The second defendant-Hindustan Breweries and Bottling Limited has adopted the mark 'Prestige 50000'. These defendants used their impugned mark in respect of similar products namely beer. The plaintiff acquired the trademark from defendant No.3, Shaw Wallace & Co. Ltd., against which no reliefs are claimed. The reference to "the defendants" in this judgment is, for convenience, to defendant Nos.1 and 2 only.

(3.) (A). The plaintiff's case is this. In the year 1983 defendant No.3, Shaw Wallace and Company Limited adopted the trademark "Haywards 5000" of which the numeral 5000 forms a dominant and essential feature for and in respect of strong beer with a view to distinguish its goods from those of others. The numeral 5000 is a fancy numeral in the context of the trademark and does not have any reference to the character, quality or the strength of the beer. The plaintiff has referred to and relied upon various labels containing the trademark used by defendant No.3 and/or its licensee. Between the years 1983 and 2000 defendant No.3 got manufactured from its contract bottlers strong beer of particular taste and quality and sold it under the trademark "HAYWARDS 5000" on a continuous and extensive basis. Between the years 2001 and 2005 Shaw Wallace Breweries Limited under license from defendant No.3 got manufactured from its contract bottlers and sold the same beer under the same mark also on a continuous and extensive basis.