V And S Vin Spirit Ab v. Kullu Valley Mineral Water Co.
V And S Vin Spirit Ab v. Kullu Valley Mineral Water Co.
2005 (30) PTC 47 (Del)
Brief Facts:
- Plaintiff was using the mark ‘ABSOLUT’ for Vodka
- Defendant started to use Kullu Valley Mineral Water Absolute for Water and Soda.
- Plaintiff filed the present suit against the Defendant for Infringement of Trade Mark and Passing Off. In the suit, Plaintiff also sought for Interim relief against the Defendant. This decision was on the application for Interim Relief.
Plaintiff’s Contentions:
- The mark ‘ABSOLUT’ was coined in 1879.
- In India, the mark us being sold since 1998.
- The mark ‘ABSOLUT’ is registered in India since 1986 in Class 33.
Defendant’s Contentions:
- Mark of Defendant is not ‘ABSOLUT’ but ‘Kullu Valley Mineral Water Absolute’.
- Defendant is marketing mineral water registered in Class 32 which are not beverages and hence the Plaintiff who markets beverages is not entitled to interim injunction as prayed for in the injunction application.
Court’s Observations:
- It is evident that the letters ‘’KVMW ABSOLUTE’’ are printed in about 1/4th size of the ‘ABSOLUTE’’ printed in respect of the club soda and packaged drinking water. Thus the word absolute figures prominently.
- The question that the products fall under different class cannot be availed of if an association of the parties’ products especially in respect of the cognate products is evident. Intellectual Property Rights cannot be constructed pedantically.
The Application was allowed. Defendant was injuncted from using the mark ‘ABSOLUT’.