COX DISTILLERY Vs. MCDOWELL AND COMPANY LIMITED

JUDGEMENT

(1.) This appeal is directed against the order dt. 2-7-1997 of District Judge, Raipur passed in Civil Suit No. 9B/1996 on an application for injunction under Order 39, Rules 1 and 2, C.P.C. prohibiting the appellants from manufacturing, marketing, using, transporting and selling their Whisky under the brand name of "COX DIPLOMAT PREMIUM WHISKY."

(2.) The respondents/plaintiff manufactures and sells Whisky under the registered trade mark "Diplomat" as its brand. Its label and logo are also registered with the Registrar under the Trade and Merchandise Marks Act, 1958, since 1962. The defendants have started distilling Whisky and labelling it under the name and style of "COX DIPLOMAT WHISKY" their trade name and label are not registered with the registrar. The defendants/appellants claim to have moved the Registrar for registration of the same under the Trade and Merchandise Act. According to the plaintiffs the label and logo of the defendant's Whisky bottle is deceptively similar to that of plaintiffs' Whisky bottle.

(3.) The trial Court observed that use of logo and print of similar size and of word "DIPLOMAT" on label by the defendants with printed figure of human being inside, make the label of the defendant's product deceptively similar to that of the plaintiffs and these factors are enough to grant the relief of temporary injunction in favour of the plaintiffs as a prima facie case is made out.