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Marketing - Courts/Legal Issues
Sutter Home Winery gets interim injunction against Future Wines

Our Bureau

New Delhi, Dec. 19 US-based Sutter Home Winery Inc, manufacturers of Californian Wines, Sutter Home, has been awarded an interim injunction against Future Wines and Spirit Brands (P) Ltd, which has been manufacturing and selling in India wines under the brand name Sutter House.

The Delhi High Court passed an order on Friday restraining Future Wines and Spirits from using the mark Sutter House or any other confusing or deceptively similar mark in relation to wines, cider and other goods in this class in any form whatsoever.

“Though much cannot be said as the matter is sub-judice before the court, it is a right step against the blatant imitation and use of one of world’s topmost wine brands,” said Mr Rahul Chaudhry, Partner of the law firm Lall Lahiri and Salhotra (LLS) which represented Sutter Home Winery in the case.

The court contended that the use of the mark Sutter House by the defendant was an example of using “confusingly similar name” to garner consumers.

The mark was first used in India in 1997 and launched in March 2008. It has been a matter of contention between the two parties since May 2004 when the use of the mark Sutter House was first discovered by Sutter Home Winery.

Californian Wines took action against Future Wines by filing an opposition against the latter’s trademark application and also by addressing a notice to them to stop the use of the mark.

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