**Summary**
In this trademark infringement suit, Allied Blenders and Distillers Limited (plaintiff) claimed exclusive rights over the well-known mark "Officer's Choice" (adopted since 1988, declared well-known in 2017, with massive sales and numerous prior successful litigations), alleging that defendants (including its own bottler Batra Breweries) were using the deceptively similar mark "Principal Choice" / "Principal Choice Premium Whisky" for whisky, with strikingly similar trade dress and label, leading to infringement and passing off. The suit was filed in Delhi High Court; interim injunction was granted in August 2023 restraining fresh production (allowing limited sale of existing stock), later confirmed till disposal; defendants appeared initially, obtained condonation of delay for written statement but never actually filed it, leading to ex-parte proceedings against them in October 2024. The plaintiff then sought summary judgment under Order XIIIA of the Commercial Courts Act. The Court, noting defendants' non-prosecution of their own TM application (abandoned), non-filing of defence despite opportunity, plaintiff's strong documentary evidence of long user, distinctiveness, secondary meaning, reputation, goodwill and prior injunctions in ~40 cases protecting the mark, held that no formal evidence was required in ex-parte scenario, balance of convenience and irreparable injury favoured plaintiff, and granted permanent injunction. Plaintiff voluntarily gave up claims for damages and costs.
**Crisp bullet points of law settled in the case:**
- In intellectual property disputes before the IPD of Delhi High Court, summary judgment can be passed without a specific application on principles akin to Order XIIIA CPC as applicable to commercial suits under the Commercial Courts Act, 2015 — Rule 27, Delhi High Court Intellectual Property Rights Division Rules, 2022 (Para 18).
- Where defendant is ex-parte and material on record is sufficient to allow plaintiff's claim, the Court need not direct recording of ex-parte evidence as it would be repetitive of plaint contents and waste of judicial time — relying on Disney Enterprises Inc. v. Balraj Mutneja (Neutral Citation 2014:DHC:964) and Indian Performing Rights Society Ltd. v. Gauhati Town Club (MANU/DE/0582/2013) (Paras 19 & 20).
- Long, continuous and uninterrupted use of a mark like "Officer's Choice" since 1988 for whisky renders it arbitrary (despite common words), distinctive and endowed with secondary meaning and substantial reputation/goodwill — fortified by earlier Division Bench view in FAO(OS) 368/2014 & 493/2014 dated 06.07.2015 (Paras 21 & 22).
- In ex-parte proceedings where summons were accepted but no written statement filed despite condonation of delay, Court can proceed to decree suit and grant permanent injunction if plaintiff's case is clearly made out on unrebutted pleadings and documents (Paras 16, 18 & 27).
**Case Title:** Allied Blenders and Distillers Limited Vs Batra Breweries and Distilleries Private Limited & Ors.
**Order date:** 04 February 2026
**Case Number:** CS(COMM) 551/2023
**Neutral Citation:** 2026:DHC:904
**Name of court:** High Court of Delhi
**Name of Judge:** Hon'ble Mr. Justice Tushar Rao Gedela
Disclaimer: Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation
Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi
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