Trademark Row between Diageo and Khoday Postponed by IPAB


The expected hearing of a trademark dispute between the Netherlands-based Diageo Brands BV and Indian firm Khoday Brewing and Distilling Industries Ltd. related to the use of the trademark ‘Black Label’ has been adjourned by the Intellectual Property Appellate Board (IPAB) to June of this year.

As per information available, the dispute is related to an order by the Deputy Registrar of Trademarks permitting registration of application by Khoday Brewing for the trademark, ‘Khoday’s Black Label’ for its premium beer. Diageo resisted the move when the subject matter came for consideration of the deputy registrar because it says, it holds the patent for Black Label for its various products.

When the plead came up for hearing in the IPAB, the counsels appeared called for an adjournment and IPAB Chairman Justice K N Basha and Vice-Chairman S Usha ordered the registry to fix up a date in June, 2014. The order permitting registration of Khodays’ trademark was authorized by the deputy registrar in March, 2010.

Diageo’s appeal to the board is to dismiss the order of the Trademark officer permitting registration of the trademark to Khoday Brewing and Distilling Industries.

However, it should be noted that this is not the first time that legal disputes between United Breweries Ltd and Khoday Brewing and Distilling Industries Ltd has taken place relating the Black Label trademark. For example, the United Breweries Ltd has registered a case with the High Court of Karnataka against Khodays Breweries Ltd, seeking injunction against the defendant alleging that it has caused infringement of its registered trademark, label ‘Kalyani Black Label’ and creating customer confusion under the trademark ‘Hercules Black Label’. This case was, however, dismissed by the court.

Efforts to contact Diageo India for a comment were not fruitful.



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