Case Note & Summary
The Plaintiff, Brihan Karan Sugar Syndicate Pvt. Ltd., and the Defendant, Lokranjan Breweries Pvt. Ltd., both manufacture and sell country liquor. The Plaintiff filed a suit for trademark infringement and passing off, claiming a registered composite mark 'TANGO PUNCH' (Registration No. 1051107 in Class 33) with the word 'TANGO' as an essential feature, used with or without a device of a raised palm with three fingers upright embossed on its glass bottles. The Plaintiff alleged that the Defendant was vending its own liquor in the Plaintiff's embossed bottles and using the mark 'TANGO CHARLIE', which infringes the Plaintiff's mark. The Defendant opposed, arguing that the Plaintiff's registration is for a composite label, not a word mark, and that 'TANGO' is descriptive and common to the trade. The court considered the nature of the mark, the use of embossed bottles, and the balance of convenience. The court found that the Plaintiff had a prima facie case, as the word 'TANGO' is an essential feature of the composite mark, and the Defendant's use of identical bottles and the mark 'TANGO CHARLIE' could cause confusion. The court granted an interim injunction restraining the Defendant from using bottles bearing the mark 'TANGO' or any deceptively similar mark, and from using the Plaintiff's embossed bottles. The court also directed the Defendant to maintain accounts of sales under the impugned mark.
Headnote
A) Trade Marks - Infringement - Composite Mark - Essential Feature - The Plaintiff's registered composite mark 'TANGO PUNCH' includes the word 'TANGO' as an essential feature; use of 'TANGO' by the Defendant in 'TANGO CHARLIE' for identical goods may constitute infringement even if the mark is composite. (Paras 2-3) B) Trade Marks - Passing Off - Embossed Bottles - The Defendant's use of the Plaintiff's embossed bottles bearing the mark 'TANGO' and three-finger device for selling its own liquor amounts to passing off. (Para 2) C) Trade Marks - Interim Injunction - Balance of Convenience - The Plaintiff has a prima facie case and balance of convenience favors grant of interim injunction to restrain the Defendant from using bottles with the mark 'TANGO' or any deceptively similar mark. (Para 22)
Issue of Consideration
Whether the use of the word 'TANGO' by the Defendant in its mark 'TANGO CHARLIE' for country liquor infringes the Plaintiff's registered composite mark 'TANGO PUNCH' and whether the Defendant's use of the Plaintiff's embossed bottles amounts to passing off.
Final Decision
The court allowed the Notice of Motion and granted an interim injunction restraining the Defendant from using bottles bearing the mark 'TANGO' or any deceptively similar mark, and from using the Plaintiff's embossed bottles. The Defendant was also directed to maintain accounts of sales under the impugned mark.
Law Points
- Trademark infringement
- composite mark
- essential feature
- passing off
- interim injunction
- descriptive mark
- common to trade
- deceptive similarity
