Trademark Infringement: Delhi High Court Grants Interim Injunction In Favour Of "Magic Moments", Restrains Mark 'Evening Moment'

The Delhi High Court has granted ad interim injunction in favour of manufacturer of "MAGIC MOMENTS" liquor in a trademark infringement suit over use of the mark 'EVENING MOMENT' as being deceptively similar to it's registered trademark for alcoholic beverages.

The suit was filed by Radico Khaitan Limited, one of the largest manufacturers and sellers of Indian Made Foreign Liquor (IMFL) in India, having MAGIC MOMENTS as one of its leading products. The grievance in the present suit was that the Defendant No.1 was using the mark 'EVENING MOMENT' for whisky manufactured by it. The Defendant No.2 was the proprietor of the impugned trademark 'EVENING MOMENT'.

Justice Pratibha M Singh restrained Defendants from using the mark 'EVENING MOMENT' or any other mark consisting of the word 'MOMENT/MOMENTS' in respect of any alcoholic beverages manufactured, sold or offered by sale by them.

In the opinion of the Court, the word 'MAGIC MOMENTS' was an arbitrary word used for the products of the Plaintiff.

Considering the overall facts and circumstances, the Court observed that the marks 'MAGIC MOMENTS' and 'EVENING MOMENT' were deceptively similar in view of the fact that the essential feature 'MOMENT' was being used in toto by the Defendants.

"The use of the word 'MOMENT' in the Defendant's mark could lead consumers to connect the said product to the Plaintiff. It can be easily perceived that the Defendant's product is another addition to the Plaintiff's product-stable. Moreover, the use of the word 'EVENING' is not sufficient to distinguish the two products due to the very nature of the product which is usually consumed in evening times. The focus would be on the word 'MOMENT' which is the dominant part of the impugned mark," the Court added.

The Court noted that the Plaintiff had adopted the word mark 'MAGIC MOMENTS' in the year 1997 and had launched Gin and Vodka products under the trademark 'MAGIC MOMENTS' in the year 2005 and 2006, and had been using the said trade mark extensively, continuously and in an uninterrupted manner.

Accordingly, while restraining the defendants, the Court said that the Interim order shall operate during the pendency of the suit.

Case Title: RADICO KHAITAN LIMITED v. SARAO DISTILLERY (OPC) PVT. LTD. & ANR.

Citation: 2022 LiveLaw (Del) 260

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