MOHAN MEAKIN LTD Vs. KASHMIR DREAMLAND DISTILLERIES

JUDGEMENT

(1.) Ancillary to the suit filed by the plaintiff restraining the defendants from infringing the plaintiff-company's copyright and from using their Trade mark 'MMB' and for some other reliefs, plaintiff has prayed for ad-interim injunction against the defendants to the effect that pending disposal of this suit, the defendants should not use the Trade mark 'M.B.B.' on their whisky bottles of various sizes. The plaintiffs are using the trade mark 'M.M.B' on one of the varieties of their whisky bottles. The defendants have with a view to deceive the public labelled their whisky bottles with the trade mark 'M.B.B.' and the purchasers are made to believe that the whisky bottles sold by the defendants are the same which are manufactured by the plaintiff under the trade mark 'M.M.B.'. As an exhibit plaintiffs have produced their own whisky bottles of different sizes with 'M.M.B.' Label, and those of the defendants with 'M.B.B.' mark. The bigger size is 750 ml when filled. Then there are half size bottles which are 375 ml. and there is another size which contains 1/4th of a bigger size.

(2.) In order to appreciate the controversy the labels which are fixed on the plaintiffs whisky bottles has a mark in the following manner : "MMB (in black and red) below it. Whisky (in red) Thereunder place of its bottling and blending office etc. is written" On the whisky bottles which are prepared by the defendants the labels are in the following manner : "MBB (in black and red) Whisky (in red) Thereunder the place of distilling and bottling is mentioned." Plaintiffs blend and bottle their whisky in question under the name and style of 'Mohan Meakin Breweries Ltd.' which has its registered office at Solan. Defendants distill and bottle their whisky under the name and style of 'Kashmir Dreamland Distilleries' Srinagar-Kmr. On the said bottles of the defendants 25 with a knot on the right side of 5 with words UP is written on the top of the label opposite the words 750 ml. In the whisky bottles distilled by the plaintiff 25. UP is written below the words 'Whisky' on right side and on the left side 750 ml is written. Same is the position with regard to the bottles of smaller size.

(3.) During the trial of this suit plaintiffs got their copyright registered and their copyright is, as earlier stated, 'MMB Whisky'.