Trademark Infringement: Delhi High Court Grants Interim Injunction In Favour Of "Magic Moments", Restrains Mark 'Evening Moment'
Live LawThe Delhi High Court has granted ad interim injunction in favour of manufacturer of "MAGIC MOMENTS" liquor in a trademark infringement suit over use of the mark 'EVENING MOMENT' as being deceptively similar to it's registered trademark for alcoholic beverages. The suit was filed by Radico Khaitan Limited, one of the largest manufacturers and sellers of Indian Made Foreign Liquor in India, having MAGIC MOMENTS as one of its leading products. Justice Pratibha M Singh restrained Defendants from using the mark 'EVENING MOMENT' or any other mark consisting of the word 'MOMENT/MOMENTS' in respect of any alcoholic beverages manufactured, sold or offered by sale by them. The Court noted that the Plaintiff had adopted the word mark 'MAGIC MOMENTS' in the year 1997 and had launched Gin and Vodka products under the trademark 'MAGIC MOMENTS' in the year 2005 and 2006, and had been using the said trade mark extensively, continuously and in an uninterrupted manner.