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.
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 (Paras 19 & 20).
Case Title:Allied Blenders and Distillers Limited Vs Batra Breweries and Distilleries Private Limited:04.02.2026: CS(COMM) 551/2023:2026:DHC:904: 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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