Remfry & Sagar has successfully enforced Diageo’s rights in its ‘CAPTAIN’ family of marks – best known for CAPTAIN MORGAN rum – before the High Court of Delhi.

The Court was considering an appeal filed by Diageo Scotland Limited against the Registrar’s rejection of its opposition against the mark ‘CAPTAIN BLUE’. Diageo’s registrations for the mark CAPTAIN per se as well as variations thereof such as CAPTAIN MORGAN, CAPTAIN MORGAN GOLD, CAPTAIN MORGAN WHITE RUM, etc. were seen to establish its proprietorship over the CAPTAIN family of marks. Per the Court, the mark CAPTAIN served as a source identifier and the respondent’s adoption of a mark combining CAPTAIN with the word BLUE would be perceived as an extension of Diageo’s CAPTAIN/CAPTAIN MORGAN brand portfolio in respect of identical Class 33 goods i.e. alcoholic beverages.

Thus, it directed the Registrar to remove the CAPTAIN BLUE mark from the Register.