IPAB disposes trade mark dispute between Chivas and Shiva

The parties settled the dispute out of court and the Delhi High Court disposed of the petitions by Chivas Holdings

The Intellectual Property Appellate Board (IPAB) has disposed of rectification applications in a trade mark dispute between Chivas Holdings (IP) Ltd, the owners of Chivas brand of liquor products, and Bannari Amman Group firm, Shiva Distilleries Ltd.  The dispute was related to the trade marks 'Shivas' and all the 'Shivas' formative trademarks, in which 'Shivas' is part of the name. The decision comes after both the parties settled the dispute and an order in this regard was issued by the Delhi High Court on May 14, 2015.

The bench comprising of IPAB Chairman Justice K N Basha and Technical Member (Trade Marks) Sanjeev Kumar Chaswal disposed of several Original Rectification Applications (ORAs) filed by Chivas Holdings against Shiva Distilleries Ltd and others, stating, "The perusal of the order of the Delhi High Court, dated May 14, 2015, reveals that the matter was amicably settled between the parties as per the mutual agreed terms on the basis of joint application filed by the parties in the interlocutory application."

Both the Counsels informed the Board that the matters have been amicably settled between the parties in CS 263 of 2011, on the file of the Delhi High Court, as per the order in May.

"It is seen that the suit was also decreed in terms of settlement arrived at and recorded in the application. By recording the above said factors, all these original rectification applications are hereby disposed of," said Justice K N Basha.

According to information available, Shiva Distilleries might bring in a minor change in the mark to differentiate it from Chivas.

According to the order issued by Delhi High Court Justice Hima Kohli in May, this year, both the parties filed a joint application stating that they have arrived at an out of court negotiated settlement. The order further states that Shiva Distilleries has given a series of undertakings to Chivas Holdings, and in view of the said undertakings, the latter has agreed not to press for the relief of damages claimed in the suit.

"The parties shall remain bound by the terms and conditions of the settlement. The terms and conditions contained in the application shall form a part of the decree," said the High Court order. Sources said that there were around 50 cancellation petitions filed by Chivas Holdings against with the final order from the IPAB, the entire matter is being settled.

According to the website of Bannari Amman Group, Siva Distilleries hold brands including Shivas XXX Rum and Shivas Fine Brandy. Established in the year 1983 at Coimbatore, Tamilnadu, Shiva Distilleries is engaged in the production of wide range of Indian Made Foreign Liquor (IMFL) and has brands including Cardinal Brandy, Gold Maker White Rum, Oak Vat matured Rum, Brisnoff Vodka and Cosmopolitan Whisky in the deluxe segment and Monitor and Shiva ranges in the regular segment.