The case revolves around the fact that an injunction application was filed seeking an ad interim injunction for use of the mark ‘EVENING MOMENT’ by the defendant which is deceptively similar to the plaintiff’s mark ‘MAGIC MOMENTS’ with respect to alcoholic beverages under Class 33.
The subject matter in dispute was in relation to the usage of the respective marks that both the parties held. While the plaintiff’s mark ‘MAGIC MOMEMTS’ witnessed extensive and uninterrupted market presence as a result of wide sales and usage of its largest manufactured Indian Made Foreign Liquor (IMFL), the defendant No. 1 dealt in whiskey and the defendant no. 2 was the proprietor of “EVENING MOMENT” operating as “Proposed to be used”.
CONTENTION OF THE PLAINTIFF:
The Plaintiff contended that the word ‘MOMENTS’ is essential and dominant feature of the Plaintiff’s mark ‘MAGIC MOMENTS’. By virtue of the enormous sale of the plaintiff’s product and various registrations granted in favour of the terms ‘MOMENTS’ and ‘MAGIC MOMEMTS’, the plaintiff is bound to get protection.
It is pertinent to note here that ever since the inception of the dispute, no appearance was entered by the defendants.
The Hon’ble Court observed the following while granting the interim order in favour of the plaintiff and restraining the use of mark ‘EVENING MOMENT’ or any other mark consisting of the term ‘MOMENT/MOMENTS’ in relation to alcoholic beverages:
- That the word 'MAGIC MOMENTS' was an arbitrary word used for the products of the Plaintiff.
- That the marks 'MAGIC MOMENTS' and 'EVENING MOMENT' were deceptively similar in view of the fact that the essential feature 'MOMENT' was blatantly incorporated in defendant’s mark.
- That it would become easier for a man of average prudence to think that the defendant’s products are indeed emanating from the plaintiff thereby perceiving ‘EVENING MOMENT’ to be another variant.