HC restrains use of mark ‘Evening Moment’ which is similar to trademark ‘Magic Moment’

Radico Khaitan Limited Vs Sarao Distillery (OPC) Pvt. Ltd (Delhi High Court) The present injunction application has been filed seeking ad interim injunction in respect of the use of the mark ‘EVENING MOMENT’ by the Defendants, which is deceptively similar to the Plaintiff’s mark ‘MAGIC MOMENTS’ registered in Class 33 for alcoholic beverages. A perusal of the record shows that the Plaintiff adopted the word mark ‘MAGIC MOMENTS’ in the year 1997 and has launched Gin and Vodka products under the trademark ‘MAGIC MOMENTS’ in the year 2005 and 2006, and has bee...