Defendant barred from using the term ‘Moment’


Delhi High Court faced before itself  an interesting dispute between two liquor companies. The subject of contention here was the use of the term ‘Moment’ by the Respondent. The Respondent had included the term in one of its products which the Plaintiff complaint against.

The Plaintiff here was Radico Khaitan Limited. The Plaintiff has been releasing its popular gin and vodka products under the name ‘Magic Moments. The name was adopted in 1997 with trademarks for gin and vodka acquired in 2005 and 2006. The Respondent here was Sarao Distillery (OPC) Private Limited. Sarao Distillery had been distributing its products under the name ‘Evening Moment’. The usage of this term led to the arbitration procedure.

The Court pointed out that the usage of the term ‘Moment’ is associated with the Plaintiff. The usage of the term by the Respondent can easily confuse the customers into thinking that the said product is from the Plaintiff instead of the Respondent. The addition of the term ‘Evening’ doesn’t provide its secondary meaning as the product is usually consumed in the evening, mentioned the Court.

The court granted a temporary injunction barring the Respondent from using the term ‘Moment’ or ‘Moments’ in any of its products. The court had granted a similar order against the Respondent in an earlier case as well. In that case, the court barred the Respondent from using the term ‘Moment’ in all except whiskey. However, now whiskey has also been barred by the Court. 

Interestingly the Respondent didn’t even appear. Perhaps, the result of the previous case was enough for the Respondent to predict the result of the current case.

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