HC dismisses ‘Original Choice’ whiskey maker’s plea against rival using ‘Green Choice’
The Karnataka High Court has quashed the objections raised against the approval given by the State Excise Commissioner for the use of the brand name ‘Green Choice’ by Empi Distilleries Ltd.
The petition challenging the approval was filed by John Distilleries Pvt Ltd, which manufactures whiskey brand ‘Original Choice’. John Distilleries claimed that the rival’s whiskey brand was deceptively similar to its own brand, and also submitted objections to the Excise Commissioner.
John Distilleries approached the HC and claimed that the commissioner issued the sanction to the rival on January 14, 2022 without providing an opportunity of personal hearing.
Justice Jyoti Mulimani, who heard the petition, rejected the contention of John Distilleries that an oral hearing was absolutely necessary before the commissioner could issue the approval order.
“The Excise Commissioner has dealt with the matter comprehensively and exercised the statutory power in the right perspective,” the court said.
The court observed that there was no violation of the rules of natural justice and the commissioner had exercised his statutory power appropriately while granting the approval.
The HC also declined to investigate the allegation of trademark infringement, saying it was beyond its purview.