Delhi High Court has rejected claims of trademark exclusivity filed by Indian liquor manufacturer Radico Khaitan against Carlsberg India.
Radico sought to restrain Carlsberg from using the figure 8 in its trademark, accusing the brewery group of passing off its Palone 8 trademark as Radico’s trademark 8 PM. Radico has used the mark 8 PM for its brand of whisky with much success in the Indian market. Radico obtained registrations for the mark 8 PM as well as several 8 PM formative marks in many classes.
Carlsberg began using the mark Palone 8 for one of its beer products at the beginning of the year.
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