Diageo North America Inc v. Poodhuturu Rajith Reddy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.03.2024 CORAM :JUSTICE N.SESHASAYEE DIAGEO NORTH AMERICA INC., 801, Main Avenue, Norwalk Connecticut 06851-1127 United States of America ... Petitioner in both OPs Vs.

1.Poodhuturu Rajith Reddy Plot No.353, Road No.23 Jubilee Hills Hyderabad - 500 033.

2.The Deputy Registrar of Trade Marks Trade Marks Registry Boudhik Sampada Bhawan GST Road, Guindy Chennai - 600 032 ... Respondents in both OPs COMMON PRAYER : Transferred Original Petitions (Trade Marks) filed under Section 57 of the Trade Marks Act, praying to expunge the registration of the impugned mark 'BULLET MALTED WHISKY' bearing registration Nos.1127029 & 1127035 by its removal from the register, and to award costs of the proceedings to be paid by the respondent No.1 to the petitioner. 1/4

For Petitioner : Ms.Subhadra Madhavan (in both OPs) for Mr.Abishek Jenasenan For Respondents : R1 - set exparte (in both OPs) vide order dated 27.02.2024 Mr.C.Samivel Senior Panel Counsel for R2 COMMON ORDER The learned counsel for the petitioner made a statement that the mark of the first respondent in relation to which rectification is sought in these petitions have expired, and the first respondent has not sought its renewal, despite a notice issued to the first respondent by the Trade Mark Registry.

2. In view of this development, nothing survives for consideration in these two petitions for the present. Accordingly, these two petitions are closed as having become infructuous. No costs.

01.03.2024 ds Index : Yes / No Speaking order/ Non-speaking order 2/4

To:

The Deputy Controller of Patents & Design Patent Office Intellectual Property Building GST Road, Guindy Chennai - 600 032 3/4

N.SESHASAYEE, J.

ds 01.03.2024 4/4