Skol Breweries doesn't have exclusive right on 'Knock out': HC

The Delhi High Court has said that Skol Breweries did not have exclusive trademark right over 'KNOCK OUT', a beer brand manufactured by it and turned down its plea to restrain other companies from using it.

Dismissing the plea of Bangalore-based breweries, Justice S Ravindra Bhat said that it has failed to prove that it has exclusive copy right over the trade mark KNOCK OUT and that its customers would be confused with the product having similar name.

"There is no evidence on record, to establish that the plaintiff(Skol Breweries)'s KNOCK OUT has acquired distinctiveness and association with its product of such nature or fame that the consumer or user only thinks of the plaintiff's brand of beer on any reference to the expression, Knock Out," the court said.

The breweries company which manufactures Haywards 2000, Haywards 5000, Royal Challenge and KNOCK OUT  brand beverages approached the court to prevent Unisafe Technologies from using  the name 'Knockout' for its safety products.

The court also said that though both competing marks are similar, but products and consumers are totally different and there is no common trade channel for both goods to cause confusion among public.

"The Court is conscious that though the competing marks are similar, the consumer base is entirely different, as is the product. There is nothing to show that trade channels are common," it added.
    
The beverage firm submitted that Unisafe Technologies has adopted the trade mark 'KNOCK OUT' with an intention to take unfair advantage of its goodwill and reputation for which it has spent huge amount on advertisement and has also organised various promotional events.
    
The firm also submitted that the said brand has been in existence for over two decades and enjoys large and established reputation both in the domestic, as well as international markets.
    
However, Unisafe Technologies, manufacturer of a self defence pepper spray, under the trademark 'KNOCK OUT', submitted that adoption of the mark is genuine as the meaning of the said word is description of the character of its product.
    
Unisafe Technologies manufactures pepper based spray which is used in self defence.