ABD, which owns the popular Officer’s Choice whisky, pointed out that it hols 139 trademark registrations for Officer’s Choice, Choice and associated marks.
The company also placed reliance on a series of prior judicial orders affirming its rights—including multiple decisions of the Delhi High Court.
In particular, ABD highlighted a 2017 ruling of the Delhi High Court which formally recognized Officer’s Choice as a well-known mark. This elevated status gives the brand expanded protection under Indian trademark law, even against deceptively similar marks in dissimilar classes, it was contended.
ABD also relied on a 2023 decision, wherein the Delhi High Court had noted the following:
“Plaintiff (ABD) has obtained numerous interim orders in its favour… restraining third parties from using trademarks identical/deceptively similar to ‘Officer’s Choice’, ‘Officer’s Choice Blue’… including marks which contain the word ‘Choice’ even without the word ‘Officer.'”
