Deccan Declined: Trial Court Order Upheld

The prevailing intellectual property scenario is infused with litigation hovering around the well-established tenets of deceptive similarity and passing off. While the principles remain cited and stated, parties do not hesitate to vouch their stand while asserting their right at various forums. Reiterating these dicta and upholding a Trial Court order is the Mumbai High Court decision in Deccan Bottling & Distilling Industries Private Limited v. Brihan Maharashtra Sugar Syndicate Limited [Appeal from Order No.76 Of 2008]

Deccan challenging the order passed by the District Judge, contended that it is a private limited company in the business of 'Blending & Bottling" of "Country Liquor" and were applicants for registration of a label of its "Country Liquor" branded as "Paru Santra" before the Commissioner of State Excise, Mumbai. They stated that they had applied for registration of their brand as "Gangu Santra" which was objected by, Brihan and the same was