Plaintiff’s Rights In Mark “OFFICER’S CHOICE” Have Been Repeatedly Recognized: Delhi HC Grants Injunction In TM Infringement Suit
The Delhi High Court has recently issued a permanent injunction against Defendant from using the "OFFICER'S CHOICE" mark on any social media platform since this mark of the plaintiff is a well-known trademark.
The High Court held so while considering a suit filed by the Plaintiff-M/s Allied Blenders and Distillers Pvt. Ltd. seeking an injunction against unauthorized use of the mark "OFFICER'S CHOICE" on the bottle, the label, and the product itself in a Facebook page by the Defendant-Ashok Kumar.
A Single Judge Bench of Justice Prathiba M Singh observed that “Considering the rights of the Plaintiff in the mark “OFFICER’S CHOICE”, label, product and logos, a permanent injunction is issued against the Defendant and anyone else acting for and on behalf of the Defendant from using the mark “OFFICER’S CHOICE” label, logos etc., or making any reference to the Plaintiff’s product on any social media platform”.
"The Plaintiff’s rights in the mark “OFFICER’S CHOICE” have been repeatedly recognised in various decisions...," the Bench noted.
Advocate Pravin Anand appeared for the Plaintiff, whereas none appeared on behalf of the Defendant.
The Bench observed that the plaintiff is the registered proprietor of the mark "Officer's Choice" since 1988.
Furthermore, the mark "Officer's Choice" has been declared a "well-known trade mark" by the High Court vide judgment titled Allied Blenders and Distillers Pvt. Ltd. Vs. Surya Rao Trading [CS (COMM) 1227/2016] wherein it was held that the plaintiff has been able to establish a prima facie case in its favour for grant of ex-parte ad interim injunction.
Thus, the High Court passed a permanent injunction against the Defendant and anyone else acting for and on behalf of the Defendant from using the mark "OFFICER'S CHOICE" label, logos.
Cause Title: Allied Blenders and Distillers v. Ashok Kumar
Click here to read/download the Order
