SABMILLER INDIA LTD Vs. FORTUNE ALCOBREW PVT. LTD.

JUDGEMENT

(1.) The present Suit is filed by the Plaintiff against the Defendants, inter alia, for an order of perpetual injunction restraining the Defendants from infringing the Plaintiff's registered trademarks bearing Nos. 436744 and/or 1521743, both in Class 32, by using in relation to beer, the trademark "Prestige 50000" Mega Strong Beer or any other trade mark deceptively similar to the Plaintiff's registered trademarks bearing Nos. 436744 and/or 1521743, both in Class 32, or in any other manner whatsoever and from manufacturing, selling, marketing, distributing, trading, exhibiting for sale or advertising beer or the like goods bearing the trademark "Prestige 50000" Mega Strong Beer or any trademark deceptively similar to the Plaintiff's trademark "Haywards 5000", so as to pass off or enable others to pass off the Defendants' beer as and for the beer of the Plaintiff and for damages, costs and other consequential reliefs. The above Notice of Motion is taken out by Defendant No. 1 seeking stay of the trial in Suit No. 3653 of 2007 under Section 124 of the Trade Marks Act, 1999 ("the Act"), till the rectification applications filed by Defendant No. 1 before the Intellectual Property Appellate Board ("IPAB"), Chennai, for cancellation of the Plaintiff's trademarks bearing Nos. 436744 and/or 1521743 both in Class 32 are finally decided.

(2.) The brief facts in the matter are set out hereunder.

(3.) On 17th January, 2007, the Plaintiff, SABMiller India Ltd. applied for registration of the trademark "FIVE THOUSAND" in Class 32, bearing Application No. 1521743. On 22nd January, 2007, the Plaintiff filed a Notice of Opposition to Defendant No. 1's application for registration of the impugned trademark "PRESTIGE 50000" bearing No. 1342377 in Class 32, advertised in Trade Marks Journal No. 1349 dated 1st August, 2006, published on 27th September, 2006. In the said Notice of Opposition the Plaintiff relied upon its registered trademark HAYWARDS 5000 bearing Registration No. 436744 in Class 32.