Delhi High Court Rules In Favor Of Allied Blenders And Distillers, Cancels Boutique Spirit Brands’ Trademark
The Delhi High Court has ruled in favor of Allied Blenders and Distillers Limited (ABD), issuing a permanent injunction;
Delhi High Court Rules In Favor Of Allied Blenders And Distillers, Cancels Boutique Spirit Brands’ Trademark
The Delhi High Court has ruled in favor of Allied Blenders and Distillers Limited (ABD), issuing a permanent injunction against Boutique Spirit Brands Private Limited from using the trademark “BSB MYRON”, citing infringement of ABD’s well-established “KYRON” brand. The court has also ordered the cancellation of Boutique Spirit Brands’ trademark registrations.
ABD, a leading player in the alcoholic beverage industry, had filed a lawsuit claiming that Boutique Spirit Brands’ “MYRON” brandy was deceptively similar to its “KYRON” brand, leading to consumer confusion and trademark infringement. The company argued that it has been using “KYRON” since 2012 and holds trademark registrations under Classes 9, 32, and 33 of the Trade Marks Act, 1999. With a strong market presence in both India and international markets, including Bahrain, South Africa, Sudan, Ghana, and the UAE, ABD contended that the phonetic and visual similarities between “KYRON” and “MYRON” were likely to mislead consumers and dilute the brand’s goodwill.
On June 1, 2023, the Delhi High Court granted an ex parte ad-interim injunction, restraining Boutique Spirit Brands from using the “MYRON” trademark. Despite multiple attempts to serve legal notices via email, affixation, and newspaper publication, the defendant failed to appear before the court. As a result, on December 18, 2023, the injunction was made permanent, and on March 1, 2024, Boutique Spirit Brands lost its right to file a written statement due to non-compliance with statutory deadlines.
The court ruled that the “MYRON” mark was deceptively similar to “KYRON”, both visually and phonetically. It held that a single-letter difference, in this case, the change from "K" to "M," was not sufficient to eliminate consumer confusion. ABD’s continuous usage of “KYRON” since 2012 weighed against Boutique Spirit Brands, which had registered “BSB MYRON” only in 2020 on a “proposed to be used” basis. The court also observed that the defendant had deliberately emphasized the word “MYRON” while making “BSB” nearly inconspicuous, further misleading consumers.
Following rectification petitions filed by ABD, the court ordered the cancellation of Boutique Spirit Brands’ trademark registrations for “BSB MYRON” under Classes 32 and 33. Given that the defendant did not appear to defend itself, the court ruled in ABD’s favor under Order XIII-A of the Civil Procedure Code and the Delhi High Court Intellectual Property Division Rules, 2022.
As part of the relief granted, the High Court issued a permanent injunction preventing Boutique Spirit Brands from using “MYRON” or any deceptively similar mark. The court also directed the cancellation of the “BSB MYRON” trademark but did not award any damages, as ABD had waived monetary claims. However, Boutique Spirit Brands was allowed to continue using the “BSB” name, provided it did not infringe upon ABD’s “KYRON” trademark.
This ruling reinforces the significance of trademark protection in India’s growing alcoholic beverage industry. It also underscores the risks of failing to respond to legal proceedings, as Boutique Spirit Brands lost its trademarks due to non-participation. For ABD, this decision safeguards the exclusivity of its “KYRON” brand, ensuring that no competitor can introduce a phonetically similar product that could mislead consumers.
