PRIME SPIRITS Vs. MASTER BLENDER PRIVATE LIMITED

JUDGEMENT

(1.) This order will dispose of the Plaintiff's Notice of Motion for injunctions and a Receiver. The suit is an action in copyright infringement combined with a cause of action in passing off in relation to an unregistered mark.

(2.) The trial in the suit has commenced. I understand that the Plaintiff's first witness has already been cross -examined. A further witness on behalf of the Plaintiff is yet to file his evidence. Dr. Tulzapurkar for the Plaintiff fairly states that as regards the relief in copyright infringement, this can and must necessarily be deferred to the trial. He confines himself, therefore, at this stage to the relief in passing off.

(3.) It is perhaps appropriate to begin with a comparison of the two rival marks. Both are labels said to have been used on whisky bottles, though the Defendant contests the Plaintiff's claim of any user at all. The Plaintiff's mark is shown at Exhibit "A". This has the words "Prestige Club" in a cursive font set at an angle on a black background. The label's top and bottom borders are of a dull gold colour. Below the words 'Prestige Club' are the words 'SUPERIOR GRAIN', shown in capitals. Below those, in yet another cursive font, is the word 'Whisky'. All these words, i.e., the 'Prestige Club', 'SUPERIOR GRAIN' and 'Whisky' are in white. The words 'Prestige Club' seem to have a gold border or outline. Across the middle of this label is a photograph of a horse race: two galloping steeds with jockeys astride. There is other text in dull gold on a black background toward the bottom third of the label, but the font here is too small to be decipherable.