Bottling company barred from using ''similar'' trademark

By Staff
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Google Oneindia News

New Delhi, July 7 (UNI) The Delhi High Court has refrained a mineral water bottling company from using the somewhat similar name of an internationally-acclaimed scotch whisky, ''VAT-69'', for selling its products till the next date of hearing.

Justice Sanjay Kishan Kaul directed proprietor of S M Enterprises (manufacturers) Samar Agarwal and Noida beverages pvt ltd, the wholesale distributer of the company, to stop the manufacture, advertisement, or sale of any product by using the trademark ''WAT 67'' or any other trademark similar to the trademark of the petitioner.

The court issued notices to both the defendants to present their cases on November 6.

The Netherlands-based company, Diageo brands B V had approached the Delhi High Court seeking directions to the defendants for permanant injunction for using, manufactururing, selling, advertising their trademark Vat 69, in any form, or any other similar trademark which was deceptive or confusing by their name.

Counsel for Diageo company, Chander M Lall contented that their product was an international brand of the finest blended scotch whisky sold worldwide.

S M Enterprises, a Delhi-based company, which used their established trademark and manufactured packed drinking water with the trademark ''WAT-69''. The label placed on the water bottle has similar colour combination and design which gave an impression of being manufactured by the same company foreign company.

Mr Lall contended that the brand VAT-69 got its trademark first registered in 1989 by WIlliam Sanderson And Son Ltd and later on it was transferred to Diago Brands B V company, which filed this suit in the court.

Mr Lall contended that the brand VAT 69 was well recognised across the world. The company makes other alcoholic beverages by the brand name of Johnie Walker, Black and White, White Horse and Haig.

Any person or company using their name in any deceptive form can cause an unreparable loss to their company, advocate Lall said.

The company has also sought Rs 20 lakh as damages from the manufacturers for encashing a well-established trademark, and causing damages to them.

UNI

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