Delhi High Court restrains sale of ‘Vintage Moments' alcohol after Magic Moments sues for infringement

Following a suit by the manufacturers of the alcohol brand Magic Moments, the Delhi High Court has passed an order restraining the manufacturing, marketing, sale etc. of alcohol under the mark ‘VINTAGE MOMENTS’. (Radico Khaitan vs Vintage Distillers).The interim order was passed by a Single Judge Bench of Justice Mukta Gupta. .Radico Khaitan (Plaintiff) claimed to be one of India’s largest liquor companies that sells gin, vodka etc. under the trademark ‘MAGIC MOMENTS’..The Plaintiff stated that it was not only the registered owner of the word mark ‘MAGIC MOMENTS’ with its variants but also the owner of a number of device marks with the mark ‘MAGIC MOMENTS’. .In the year 2019-20, the sales in India were Rs 1,71,238.26 lakh and overseas were Rs 2,169.28 lakh, it was stated. .It was the Plaintiff's grievance that Vintage Distillers (Defendant) adopted the mark ‘VINTAGE MOMENTS’ for identical goods..The Court was informed that the Defendant had even applied for the registration of the mark ‘VINTAGE MOMENTS’ for alcoholic beverages including wines, spirits, whisky, rum, vodka, gin and brandy. .It was added that the Trademark Registry had already objected to its registration and as per the Registry, the pre-dominant marks registered with the word ‘MOMENTS’ belonged to the Plaintiff. .Considering the averments in the plaint and the documents before it, the Court opined that the Plaintiff had made out a prima facie case in its favour. ."..in case no ad-interim injunction is granted, the plaintiff will suffer and irreparable loss. Balance of convenience also lies in favour of the plaintiff."Delhi High Court said. .Consequently, an ad-interim injunction was passed in favour of the Plaintiff and against the Defendant till the next date of hearing..The Court also issued summons in the trademark infringement suit. . The matter would be heard next on February 17..Advocates Anirudh Bakhru, Ishani Chandra, Ankit Rastogi, Ayush Puri, Raghu Vinayak Sinha, Ritika Sharma represented the Plaintiff. .Advocate Ankit Popli appeared for the Defendant. .Read the Order: