Search This Blog

Wednesday, 4 January 2012

HC rules in favour of Indian Co in trademark copyright case

The Bombay High Court has dismissed the Netherlandbased liquor group's plea, seeking to restrain Tilaknagar Industries Ltd here, from using trademarks 'Mansion House' and 'Savoy Club' on products sold in India.

Tilaknagar Industries claims to be a major player in the sale of Indian made foreign liquor in India and manufactures 40 brands, including the 'Mansion House' brandy.

UTO Nederland BV and Distilleerderji en Likeurstokerji Herman Jansen BV had filed a suit alleging that Tilaknagar Industries, by printing labels on its products, has infringed their copyright in the original artistic works.

The plaintiffs claimed that they were the registered proprietors of the trademarks 'MANSION HOUSE','MH', 'MHB' and 'SAVOY CLUB' and contended that the defendant has, by using the trademarks, passed off their products, such as alcoholic beverages, spirits and liquors as those of the plaintiffs or as emanating from or being associated with the plaintiffs.

Comparing the labels of the products sold by plaintiffs as well as the defendants, Justice S FVajifdar held in his 90-page order on December 22 that there was no similarity between them.

The literature, shape of the label and the entire get-up of the labels are different. Prima-facie, the mere depiction of the official residence of the Lord Mayer of the city of London would not constitute an infringement of copyright.

No comments:

Post a Comment