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B.     FACTS


2)              Plaintiff Nos.1 and 2 are Companies organised and existing

under the Dutch laws and are producers, importers, exporters, sellers and distributors of various spirits and liquors including scotch, brandy, whisky, gin, vodka, rum, liqueurs and cognac. Plaintiff Nos.1 and 2 are fully owned subsidiaries of UTO holding B.V. formerly known as B.V. UTOMIJ. For ease of reference, Plaintiff Nos.1 and 2 are collectively referred to as 'UTO'. Plaintiffs claim that the trademark 'MANSION HOUSE' was registered by UTO in the Netherlands in November 1922. UTO claims to have secured registration of the mark 'MANSION HOUSE' in 33 jurisdictions across the world. The mark 'SAVOY CLUB' was registered by the UTO in the Netherlands on 12 January 1967 and UTO claims to have secured registration of the trademark 'SAVOY CLUB' in 27 jurisdictions 16 July 2025 Neeta Sawant COMAPL-6617-2025 with APP-66-2012-FC across the world. UTO applied for registration of the wordmark 'MANSION HOUSE' in India and it is claimed that it is the proprietor of the wordmark 'MANSION HOUSE' in India since 5 April 1983. UTO claims to have secured registration of the wordmark 'SAVOY' in India on 20 December 1983. UTO entered into a License and Manufacturing Agreement with the Defendant-Tilaknagar Industries Ltd. (Tilaknagar) for use of the marks 'MANSION HOUSE' and 'SAVOY CLUB' in India on condition of procurement of specified minimum quantities of concentrates for producing and selling whisky, brandy, gin and rum from UTO.

3) Defendant-Tilaknagar is also in the business of manufacturing alcoholic beverages. Under the Licensing and Manufacturing Agreement of 7 July 1983, the Defendant started manufacturing, marketing and selling whisky, gin, rum and brandy under the marks 'MANSION HOUSE' and 'SAVOY CLUB' in India.

4) Disputes arose between Scotch Whisky Association (SWA) and UTO in the year 1986, as SWA was aggrieved by UTO indicating its products as Scotch Whisky though not meeting the SWA's standards. SWA accordingly filed action against UTO in a Dutch Court to restrain UTO from indicating its products as Scotch Whisky. By order dated 15 January 1987, the Dutch Court restrained UTO from indicating its product as Scotch Whisky. In the above background, UTO addressed letter to Tilaknagar on 23 February 1987, under which UTO ceded its marks 'MANSION HOUSE' and 'SAVOY CLUB' to Tilaknagar with a condition that the marks would go back to UTO, if UTO was unable to supply concentrates to Tilaknagar. The letter dated 23 February 1987 was countersigned by Tilaknagar on the same day i.e. 23 February 1987. Tilaknagar addressed second letter dated 23 February 1987 to UTO, which was countersigned by UTO, under which Tilaknagar promised to take from UTO 50,000 litres of concentrates for the year 1987 with an increase of 16 July 2025 Neeta Sawant COMAPL-6617-2025 with APP-66-2012-FC 10% for every consecutive year till the quantity of 1,50,000 litres was reached or until the Indian market had reached the saturation point. The second letter dated 23 February 1987 addressed by Tilaknagar recorded that if Tilaknagar failed to comply with the conditions stipulated in the said second letter, the ceding of brand names 'MANSION HOUSE' and 'SAVOY CLUB' to Tilaknagar would become invalid immediately.