Delhi High Court - Orders
Diageo Scotland Limited vs Prachi Varma & Anr on 4 February, 2025
$~64
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.A.(COMM.IPD-TM) 7/2025 & I.A. Nos. 2953-2955/2025
DIAGEO SCOTLAND LIMITED .....Appellant
Through: Ms. Aarti Aggarwal with Ms. V.
Mohini and Mr. Udayvir Rana,
Advocates.
(M): 9818386010
Email: [email protected]
versus
PRACHI VARMA & ANR. .....Respondents
Through: Mr. Prateek Khandelwal with
Mr. Vinayak Tyagi, Mr. Ankit
Pandey, Mr. Siddharth Srivastava,
Advocates for respondent no. 1.
Email: [email protected]
[email protected]
Ms. Nidhi Raman, CGSC with
Mr. Arnav Mittal and Mr. Zubin
Singh, Advocates for respondent no.
2.
Email: [email protected]
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 04.02.2025 I.A. No. 2954/2025 (Exemption from filing certified copies of documents)
1. The present is an application under Section 151 of the Code of Civil Procedure, 1908 ("CPC"), on behalf of the appellant, seeking exemption C.A.(COMM.IPD-TM) 7/2025 Page 1 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/02/2025 at 23:21:56 from filing certified copies, typed copies of dim documents and documents with improper double space/margins and translated copies of the annexures.
2. Exemption is granted, subject to all just exceptions.
3. Appellant shall file legible, clear, and translated copies of the documents, on which the appellant may seek to place reliance, before the next date of hearing.
4. Accordingly, the present application is disposed of. I.A. No. 2955/2025 (Exemption from filing original documents)
5. The present is an application under Section 151 CPC on behalf of the appellant, seeking exemption from filing original documents.
6. Exemption is granted, subject to all just exceptions.
7. Petitioner shall file the original documents, on which the appellant may seek to place reliance, before the next date of hearing.
8. Accordingly, the present application is disposed of. C.A.(COMM.IPD-TM) 7/2025 & I.A. No. 2953/2025 (for stay)
9. The present appeal has been filed under Section 91 of the Trade Marks Act, 1999 against the order dated 01st October, 2024 passed by the respondent no. 2, in opposition no. 1043295 to application no. 4398295 for registration of the trademark 'CAPTAIN BLUE' in Class 33.
10. Learned counsel appearing for the appellant submits that the respondent no. 2 has erred in dismissing the appellant's opposition against registration of the impugned mark 'CAPTAIN BLUE' under respondent no. 1's application no. 4398295, when in fact, the said opposition ought to have been allowed, and the impugned mark ought to have been refused registration.
11. It is submitted that the appellant is already the registered proprietor of C.A.(COMM.IPD-TM) 7/2025 Page 2 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/02/2025 at 23:21:56 the mark CAPTAIN under registration no. 1485228 in Class 33 dating back to 07th September, 2006, as well as CAPTAIN MORGAN and several other CAPTAIN marks, with extensive use thereof internationally as well as in India. Thus, it is submitted that respondent no. 1's adoption of the mark CAPTAIN in entirety and CAPTAIN BLUE being deceptively similar to the appellant's trademarks CAPTAIN MORGAN and other CAPTAIN marks, the opposition of the appellant ought to have been allowed.
12. Issue notice.
13. Notice is accepted by learned counsels appearing for the respondents.
14. Let reply be filed within a period of four weeks. Rejoinder thereto, if any, be filed within a period of one week, thereafter.
15. List on 12th March, 2025.
MINI PUSHKARNA, J FEBRUARY 4, 2025 c C.A.(COMM.IPD-TM) 7/2025 Page 3 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/02/2025 at 23:21:57