Shape Of A Bottle Under Trademark Scanner

What's in a shape of a bottle! It may be a common rhetoric but certainly worth a lot when the shape of bottles is considered distinctive and forms an intrinsic part of the goodwill and reputation. Lately, the shape of a bottle of Vodka, in a quia timet action raised a controversy with Gorbatschow Wodka KG (plaintiff)contending that the shape of its bottles of Vodka is distinctive and forms an intrinsic part of its goodwill and reputation and that John Distillers Limited (defendant) has invaded its intellectual property rights by adopting a deceptive variation of the shape of the bottles thereby leading to a substantial portion of the purchasing public to assume that the product of the defendant has emanated from or has some connection with the plaintiff. (Gorbatschow Wodka KG Vs. John Distilleries Limited Notice of Motion No 3463 of 2010 in Suit No 3046 of 2010; Bombay High Court). The plaintiff's prayer under the Notice of Motion was to restrain the defendant, pending