IPAB defers hearing on trademark dispute between Diageo, Khoday

Dispute is on Khoday Brewing's registration of 'Black Label' for beer

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

According to the information available, the dispute is on an order by the Deputy Registrar of Trademarks allowing registration of application by Khoday Brewing for the trademark, ‘Khoday’s Black Label for its premium beer. Diageo, which holds the patent for Black Label, for its various products, has opposed the move when the matter came for consideration of the deputy registrar.

When the appeal came up for hearing in the IPAB, the counsels appeared asked for an adjournment and IPAB Chairman Justice K N Basha and Vice-Chairman S Usha directed the registry to fix up a date in June, 2014. The deputy registrar passed the order in March, 2010, allowing registration of Khodays’ trade mark.

Attempts to contact Diageo India for a comment were not successful.

Diageo’s appeal to the board is to issue an order setting aside the order of the Trademark officer allowing registration of the trademark to Khoday Brewing and Distilling Industries, it is learnt.

It may be noted that several legal disputes between United Breweries Ltd and Khoday Brewing and Distilling Industries Ltd has taken place in the past, regarding the trademark Black Label.

For instance, United Breweries Ltd has filed a suit with the High Court of Karnataka against Khodays Breweries Ltd, seeking the relief of perpetual and mandatory injunction against the defendant alleging that it has caused infringement of its registered trademark, label ‘Kalyani Black Label’ and passing off the beer manufactured by it to the customers under the trademark ‘Hercules Black Label’. The court dismissed the said appeal.