The long-drawn legal battle between UK-based liquor major Chivas Holdings and Shiva Distilleries over the Shivas trademark has finally come to an end with both the companies settling the dispute out of court amicably. Both the warring companies on Monday informed the Intellectual Property Appellate Board (IPAB) about the settlement.
Subsequently, the IPAB bench disposed of all the rectification applications filed by Chivas Holding before the trademark tribunal, in seven cases. Chivas Holdings, which has premium brands such as Chivas Regal and Royal Salute, has been fighting for long to get the Shivas trademark, owned by Coimbatore-based Shiva Distilleries, removed from the Trademark Registry, in classes such as liquor and allied products. During the litigation, Shiva Distilleries, which has the Shivas brandy mark, had gradually started abondoning the mark, paving the way for an out of court settlement.
The IPAB bench said: “It is seen that the suit has been decreed in terms of settlement arrived at between the parties.
The counsel for Chivas Holdings has produced the certified copy of the Delhi HC order and by recording the documents, we are disposing of the original rectification application.”
According to the Delhi HC order, Shiva Distilleries has given a series of undertakings to Chivas Holdings and in view of the said undertakings, Chivas has agreed not to press for the relief of damages claimed in the suit. Counsels for the parties stated that they will remain bound by the obligations undertaken by them and recorded in the compromise application. The other details of the settlement were not disclosed in the order.
Chivas Holdings’ yet another trademark battle with the Diageo-owned United Spirits over the trademark ‘Tribute’ is also likely to be amicably settled out of court, with both the parties in talks to arrive at a mutually agreeable terms.