Trademark 'Evening Moments' deceptively similar to 'Magic Moments',

The Delhi High Court has granted ad interim injunction in favour of manufacturer of liquor brand "MAGIC MOMENTS" in a trademark infringement suit against "EVENING MOMENT" mark as being deceptively similar to it's registered trademark.

The single-judge bench of Justice Pratibha M. Singh allowed the petition filed by Radico Khaitan Ltd., one of the largest manufacturers and sellers of Indian Made Foreign Liquor (IMFL) in India, with MAGIC MOMENTS as one of its leading products generating major revenue.

The grievance of the plaintiff-applicant was that defendent is the proprietor of the impugned trademark ‘EVENING MOMENT’ in Class 33 for alcoholic beverages, though the same was filed on a ‘proposed to be used’ basis.

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