LI Network
Published on: 3 August 2023 at 10:30 IST
The Delhi High Court has issued a permanent injunction against a defendant, restraining them from using the “OFFICER’S CHOICE” mark on any social media platform.
The court recognized that this mark belongs to the plaintiff, M/s Allied Blenders and Distillers Pvt. Ltd., and is a well-known trademark.
The lawsuit was filed by the plaintiff seeking to prevent the unauthorized use of the “OFFICER’S CHOICE” mark on the bottle, label, and product itself, which was observed on a Facebook page operated by the defendant, Ashok Kumar.
Justice Prathiba M Singh, presiding over the case, considered the plaintiff’s rights in the mark, label, product, and logos.
In light of the established rights and the mark’s well-known status, the court issued a permanent injunction against the defendant and anyone else acting on their behalf, prohibiting the use of the “OFFICER’S CHOICE” mark, label, logos, or any reference to the plaintiff’s product on social media platforms.
The court noted that the plaintiff has been the registered proprietor of the “Officer’s Choice” mark since 1988.
Moreover, in a previous judgment titled Allied Blenders and Distillers Pvt. Ltd. Vs. Surya Rao Trading [CS (COMM) 1227/2016], the mark “Officer’s Choice” was declared a “well-known trade mark.” In that case, the court recognized the plaintiff’s prima facie case and granted an ex-parte ad interim injunction.
Advocate Pravin Anand represented the plaintiff in the case, while no representation was made on behalf of the defendant.
In light of the plaintiff’s long-standing ownership of the mark and its recognized status as a well-known trademark, the Delhi High Court’s decision underscores the importance of protecting intellectual property rights and preventing unauthorized use or infringement of trademarks.
