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Bombay HC rules in favour of Radico Khaitan in the dispute related to ASAVA
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Synopsis
Senior Counsel Dr Veerendra Tulzapurkar and advocate HW Kane, while appearing for the Meher Distilleries, argued that Defendants’ trademark ‘ASAVA’ is almost identical with, especially phonetically, or closely and deceptively similar to the Plaintiff’s registered trademark ‘The Aswa’.
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In a major relief for the listed spirit maker
Meher Distilleries has approached the court, alleging that the maker of ‘8 PM’ whisky and ‘Magic Moments’ brand of vodka was infringing its trademark ‘The Aswa’ by launching its product ‘Rampur ASAVA’.
The petitioner company had applied for its mark the Aswa in 2014 and obtained registration in 2016, however, it has not yet launched its product. While Radico Khaitan is using the mark Rampur ASAVA since January 2020.