Authority: Supreme Court of India

Order Date: 20 August 2026

Case Overview

  • Petitioners: Fifth Generation Inc.; Respondents: Tito's Resorts and Hospitalities Private Limited & Anr.
  • The dispute concerned the use of the “TITO'S” trademark in liquor/alcoholic beverage products and related hospitality services in India.
  • The parties underwent mediation at the Supreme Court Mediation Centre, conducted by Ms. Shwetasree Majumder over more than 20 dates.
  • A Settlement Agreement dated 04.08.2026 was signed by the parties and their counsel and placed on record.
  • Key settlement clauses:

1. Use of TITO'S Mark by Tito's Resorts – Allowed only in composite marks such as “TITO'S GOA” or “TITO'S RESORTS” (e.g., “TITO'S GOA Vodka”).

2. Use of TITO'S Mark by Fifth Generation – Fifth Generation will not operate nightclubs, restaurants, resorts or other hospitality establishments under the TITO'S mark in India.

3. Co‑existence – Both parties may manufacture, market, promote, distribute, sell and register liquor products under the TITO'S mark, subject to the above restrictions and limited to Indian territory.

4. Trade Dress – Tito's Resorts must ensure its packaging and presentation do not resemble Fifth Generation’s products and must not use the term “HANDMADE”.

5. Future Trademark Filings – Tito's Resorts’ future Indian vodka‑related trademark applications must include a distinctive design element; Fifth Generation will not seek TITO'S registrations in International Class 43.

6. Withdrawal of Opposition Proceedings – Within one week, Tito's Resorts will withdraw:

  • OPP No. 937683 against “TITO'S HANDMADE VODKA” (Application No. 2224925, Class 33)
  • OPP No. 1030294 against “TITO'S VODKA” (Application No. 2847716, Class 33)
  • Tito's Resorts also agrees not to oppose any Fifth Generation TITO'S trademarks except for breaches of Clause 5.

7. Withdrawal of Excise Complaints – Tito's Resorts will withdraw all excise department complaints filed in Telangana, Goa and Chandigarh within one week.

8. Withdrawal of Criminal/Police Complaints – Tito's Resorts will withdraw all criminal/police complaints lodged with Calangute and Ribandar Police Stations, Goa, within one week.

9. Withdrawal of Cancellation Proceedings by Fifth Generation – Within one week, Fifth Generation will withdraw cancellation actions against:

  • Registration No. 918193 (Rectification No. 272601)
  • Registration No. 3242115 (Rectification No. 272601)
  • Fifth Generation also agrees not to oppose any Tito's Resorts applications complying with Clauses 4 and 5.

10. Withdrawal of Pending Lawsuits – Fifth Generation will withdraw its Delhi High Court suit (CS (COMM) 276 of 2023) by 10 September 2026; Tito's Resorts will withdraw its Goa Commercial Division suit (Civil Suit No. 15/2024/A) by 5 August 2026.

11. Implementation – Parties will file necessary applications, affidavits, and undertakings with the Delhi High Court, Goa Commercial Court, Excise Departments, Trade Marks Registry, and any other required authority.

12. Voluntary Settlement & Undertakings – Both parties confirm the settlement is voluntary, with legal advice obtained, and bind themselves to the Supreme Court.

13. Costs – Each party bears its own legal costs; additionally, Fifth Generation will pay INR 1,00,00,000 (₹1 crore) to Tito's Resorts within ten business days via NEFT/RTGS to:

  • Account No.: 136205000476
  • Account Name: Titos Resorts And Hospitalities Pvt Ltd
  • Bank: ICICI Bank, Calangute Branch
  • IFSC: ICIC0001362

14. Reservation of Rights Outside India – Settlement is limited to Indian territory; rights outside India remain unaffected.

15. Confidentiality – Parties may not disclose settlement terms, payment amount, or any details except to counsel, advisors, or as required by court order.

16. Waiver – No waiver is effective unless in writing; failure to enforce a term does not waive future enforcement.

17. Full and Final Settlement – The agreement constitutes a full and final settlement of all Indian disputes; no further challenges to its validity are permitted.

  • The Court ordered that the referenced opposition proceedings (OPP 937683 and OPP 1030294) stand closed/quashed, all inter‑party legal proceedings be withdrawn, and the settlement terms remain binding.
  • The Registry was directed to forward the order to the concerned courts and authorities for formal closure of the cases.
  • Transfer Petitions (Civil) No. 438/2025 and (C) No. 1892/2025 were disposed of, and any pending applications were also dismissed.

Final Outcome

  • The Supreme Court approved the comprehensive settlement, mandating withdrawal of all trademark oppositions, excise and criminal complaints, cancellation actions, and pending lawsuits.
  • Fifth Generation must remit ₹1 crore to Tito's Resorts within ten business days, and both parties are bound by confidentiality and non‑disclosure obligations.
  • The settlement is confined to India; all rights outside India are expressly reserved.
  • All related proceedings are to be formally closed, and the parties may seek enforcement through contempt proceedings if any term is breached.

Topics: Trademark Settlement, Legal Dispute, Confidentiality