Delhi HC stays registration of 'Jack Daniel's' mark by another entity

The Delhi High Court stayed the registration of trademark ''Jack Daniel's'' by another entity, noting the operation of the mark will cause irreparable harm to the well-known alcohol brand Jack Daniels Properties Inc.

Justice Amit Bansal, in an interim order, said a prima facie case was made out in favour of the alcohol brand company and against M/s Manglam Krupa.

''A prima facie case is made out in favour of the petitioner (Jack Daniels Properties Inc.) and against the respondent number 1 (M/s Manglam Krupa ) that the registration granted in favour of the respondent number 1 is violative of provision of Section 9(2)(a) and Section 11 of the Trade Mark Act, 1999,'' the judge said.

The court further noted the balance of convenience was in favour of the petitioner and against the respondent company. ''Irreparable harm will be caused to the petitioner if the operation of the impugned mark is not stayed,'' noted the court.

The high court was hearing a plea by Jack Daniels seeking removal or cancellation of its mark used by the respondent.

The petitioner argued the mark ''Jack Daniel's'' had been in use since 1895 with respect to alcoholic beverages and it was the registered proprietor of various trademarks including the one in question.

The mark ''Jack Daniel's'', the petitioner said, was consistently and extensively used in India since 1997.

The counsel representing the petitioner's contended that the registration and adoption of the mark by the other entity was clearly malafide and an attempt to ride over the goodwill and reputation of the petitioner's mark.

The court issued notice to M/s Manglam Krupa on the plea and listed it for further hearing on March 26, 2025.

''Accordingly, the registration of the impugned mark ''Jack Daniel's'' ..... granted in favour of respondent number 1, shall remain stayed till the next date of hearing,'' the court said.

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