Diago seeks damages for trademark infringement

New Delhi, July 8: Manufacturers of International brand 'Blue Label' and 'Black and White' Scotch Whisky have approached the Delhi High Court (HC) to protect their well-established trademark and trade dress from being infringed.

Justice Sanjay Kishan Kaul of the Delhi HC has directed Goa-based Real Food Exporters Pvt Ltd to stop the manufacturing, sale or advertisement in any form of the malt whisky, 'Real Black', which is alleged to be a similar version of Black and White, while Blue Label is alleged to be a copied version of Johnnie Walker Blue Label, till the next date of hearing.

The Court has fixed November 6, 2007 as the next date of hearing and has issued notices to the company.

Netherland-based company Diago Brands B V had approached the Delhi HC to refrain the Indian company from manufacturing both the brands with their identical trade dress.

Mr Chander M Lall, lawyer for Diageo contented that their's is a well-established company with international aclaim. They are the manufacturers, bottlers, distillers, blenderers and exporters of the famous brands of scotch whisky Jonnie Walker, Blue Label, Vat 69, Black and White Horse and Haig.

Their grievance is that the trademark and design of their most popular brands Black and White and Blue Label are being infringed in India and are being sold with the same label as theirs.

Mr Lall contended that the prestigous brand name 'Black and White' came into existence around the turn of the 20th century, when the scotch whisky was supplied by James Buchanan and Company to the British House of Commons in a black bottle with a white label. Since then the name is going on, while its formal registration was done in the UK in 1906. It has been available in the Indian market since 1913 and as per the International Wines and Spirits Records (IWSR) for 2005, it was the seventh largest blended scotch whisky in India.

Mr Lall contended their brands have their unique distinctive trade dress. Black and White is available in a green-coloured bottle with a white label and lettering placed horizontally on it.

Similarly, a malt Whisky by the name of 'Blue Label' being sold here is deceptive in its looks and suggests as if it is the international brand 'Johnie Walker Blue Label'.

Diageo has sought Rs 20 lakhs as damages from Real Food for carrying out offending activities and causing irrepairable loss to them.

Diago has also got an interim relief from the court to stop the manufacturing of packaged water in the name of their famous brand 'VAT 69'. A Delhi-based company S M Enterprises was selling water in the name of 'WAT 69' similar to their well-established brand.

The Delhi HC has stopped S M Enterprises to manufacture, sell or advertise the water by the brand name of WAT 69. The Court has also directed a Noida-based company, Noida Beverages to stop the distribution of the said water till November 6, 2007, the next date of hearing.

UNI