Delhi HC grants interim relief to Jack Daniel’s, stays infringing trademark – ET LegalWorld

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Highlights

  • The Delhi High Court has granted interim relief to Jack Daniel’s Properties, Inc., staying the operation of a trademark registered by Manglam Krupa under Class 05, which was found to violate the Trade Mark Act, 1999.
  • The court’s decision was based on the grounds of irreparable harm to the goodwill and reputation of the iconic Jack Daniel’s brand, which has been in use globally since 1895 and in India since 1997.
  • The petition seeking removal of the impugned trademark was filed under Section 57 of the Trade Marks Act, 1999, and the next hearing is scheduled for March 26, 2025.

The Delhi High Court has granted interim relief to Jack Daniel’s Properties, Inc., a global leader in premium alcoholic beverages.

The Court stayed the operation of a trademark registered by Manglam Krupa under Class 05, which was found prima facie to be violative of the provision of Section 9(2)(a) and Section 11 of the Trade Mark Act, 1999.

The court granted a stay on the impugned mark on the grounds of irreparable harm to the goodwill and reputation of the iconic “Jack Daniel’s” brand.

The petitioner successfully argued that the respondent’s mark, registered on a “proposed to be used” basis, constituted a mala fide adoption designed to ride over the goodwill and reputation of the “Jack Daniel’s” brand, which has been in use globally since 1895 and in India since 1997.

The petition was filed under Section 57 of the Trade Marks Act, 1999 seeking removal/cancellation of the impugned mark.

The petitioners were represented by Ankit Sahni, Kritika Sahni, Chirag Ahluwalia, and Mohit Maru (of Ajay Sahni & Associates).

The matter was heard before the bench of Justice Amit Bansal.

The next hearing date is scheduled for March 26, 2025.

  • Published On Dec 8, 2024 at 03:07 AM IST

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