Allied Blenders And Distillers Limited vs Boutique Spirit Brands Private Limited

Brief Facts

Allied Blenders And Distillers Limited filed rectification petitions under Section 57 of the Trade Marks Act, 1999, seeking cancellation of the trademark "BSB MYRON" registered by Boutique Spirit Brands Private Limited in Classes 32 and 33. The petitioner, a reputed manufacturer of alcoholic beverages, claimed prior use of the trademark "KYRON" since 2012 and argued that the respondent's mark was deceptively similar. The petitioner asserted that the respondent had dishonestly adopted the mark "MYRON" to mislead consumers. The respondent failed to appear in the proceedings despite being duly served, leading the court to hear the matter ex-parte.

Issues

Whether the trademark "BSB MYRON" was deceptively similar to the petitioner’s mark "KYRON" and likely to cause confusion among consumers. Whether the respondent’s registration should be cancelled under Section 57 of the Trade Marks Act, 1999. Whether the petitioner, as a prior user, had a superior right over the trademark compared to the respondent’s registration.

Submissions of Parties

The petitioner contended that "KYRON" had acquired substantial goodwill and reputation in the alcoholic beverages market. It argued that the respondent's mark "BSB MYRON" was phonetically, visually, and conceptually similar, and the likelihood of confusion was high since both parties operated in the same industry and targeted the same customer base. The petitioner provided evidence of prior use, including sales invoices, promotional activities, and trademark registrations dating back to 2012, while the respondent’s registration was on a "proposed to be used" basis. The respondent did not contest the proceedings or submit any defense.

Reasoning and Analysis of Judge

The court examined the phonetic and visual similarity between the two marks and referred to established precedents, including Lakme Ltd. vs. Subhash Trading & Ors., 1996 SCC OnLine Del 585, which emphasized phonetic resemblance in determining deceptive similarity. The court observed that "MYRON" was the dominant element of the respondent's mark, while "BSB" was inconspicuous in its representation, making the respondent’s mark deceptively similar to "KYRON." Citing Kia Wang vs. Registrar of Trademarks & Anr., 2023 SCC OnLine Del 5844, the court reaffirmed the principle that the rights of a prior user override those of a subsequent registrant. It held that the petitioner had successfully demonstrated continuous use since 2012, whereas the respondent had no evidence of actual use. Given the respondent’s failure to defend its registration and the deceptive similarity of the marks, the court found that the respondent’s registration was liable to be cancelled.

Decision of Judge

The court ruled in favor of the petitioner, cancelling the respondent’s registrations for "BSB MYRON" in Classes 32 and 33 and directing the Registrar of Trade Marks to rectify the records. The petitioner waived its claim for costs and clarified that it had no objection to the respondent using "BSB" alone without "MYRON." The judgment reinforced key principles of trademark law, particularly the primacy of prior use, phonetic similarity, and the consequences of failing to contest a rectification petition.

Case Title: Allied Blenders And Distillers Limited vs Boutique Spirit Brands Private Limited

Date of Order: 22 February 2025

Case No.: C.O. (COMM.IPD-TM) 166/2023 & C.O. (COMM.IPD-TM) 167/2023

Neutral Citation: 2025:DHC:1152

Court: High Court of Delhi

Judge: Hon’ble Ms. Justice Mini Pushkarna