The Delhi High Court has restrained a Punjab-based liquor manufacturer from using the words ‘Moment’ or ‘Moments’ following a case filed by the manufacturers of ‘Magic Moments’ vodka. Radico Khaitan Limited, the producers of ‘Magic Moments’, had sought an injunction against the use of ‘Evening Moment’ by Sarao Distillery (OPC) Private Limited. Justice Pratibha M Singh, while issuing the judgment, said that ‘Magic Moments’ and ‘Evening Moment’ are deceptively similar. “The use of the word ‘MOMENT’ in the defendant’s mark could lead consumers to connect the said product to the Plaintiff. It can be easily perceived that the Defendant’s product is another addition to the Plaintiff’s product-stable. Moreover, the use of the word ‘EVENING’ is not sufficient to distinguish the two products due to the very nature of the product which is usually consumed in evening times,” the order read. Radico Khaitan, one of the largest manufacturers and sellers of Indian Made Foreign Liquor in India, argued that ‘Moments’ is the essential and dominant feature of its brand ‘Magic Moments’, which was adopted by it in 1997. The company has launched gin and vodka products under the trademark in 2005 and 2006, the court was informed. Sarao Distillery, however, did not appear before the court despite service. Granting the interim injunction, the court said that the same shall operate during the pendency of the suit and listed it for hearing on July 22. Earlier, in March 2021, the court had restricted Sarao Distillery from using the name ‘Evening Moments’ in all products except whiskey. The order has now been extended to cover all alcoholic beverages.
