Whisky bottles placed before SC in alleged trademark infringement row

The legal battle over the alleged infringement of trademark of whisky brands witnessed an unusual sight in the Supreme Court as liquor bottles were placed before the country’s highest court.

A bench headed by Chief Justice D Y Chandrachud was hearing a plea by liquor major Pernod Ricard India Pvt Ltd, which manufactures and sells ‘Blenders Pride’ and ‘Imperial Blue’ whisky, against last November’s verdict of the Madhya Pradesh High Court.

Pernod Ricard had approached the high court against an order passed by commercial court, Indore, which rejected their application for issuance of temporary injunction. The firm had alleged infringement of their trade mark.

It had told the high court that they have registered trade mark in respect of ‘Blenders Pride’ and ‘Imperial Blue’ and also have such registered trade mark in respect of Seagram’s which is their house mark and appears on their products sold under various brands. It alleged that JK Enterprises has imitated their trade mark and is manufacturing and selling its whisky under the trade mark ‘London Pride’.

The high court had dismissed Pernod Ricard’s plea saying the trial court had not committed any error in holding that no similarity was found in the mark of JK Enterprises which can be said to be such imitation of Pernod Ricard’s trade mark.

The matter came up for hearing on Friday before the apex court.

During the hearing, senior advocate Mukul Rohatgi, appearing for Pernod Ricard, showed the whisky bottles to the bench.

He told the bench, also comprising Justices J B Pardiwala and Manoj Misra, that even the bottle is identical.

”Issue notice on the prayer for stay as well as on the Special Leave Petition returnable on January 19, 2023,” the bench said in its order.

Pernod Ricard had argued before the high court that ‘Pride’ was the most essential and distinctive component of their mark ‘Blenders Pride’ which they have been using since 1995. The firm had said they were also using another mark ‘Imperial Blue’ since 1997 and are selling whisky under the same in distinctive label, packaging and trade dress.

”The plaintiffs (Pernod Ricard) acquired knowledge that defendant is selling London Pride whisky which is deceptively similar to its Blenders Pride trade mark. The whisky of defendant is being sold by putting label, using packaging, getup and trade dress deceptively similar to Imperial Blue,” the high court had noted in its verdict.

The other side had said they were manufacturing and selling liquor in the brand name of ‘London Pride’ in Madhya Pradesh and the trademark ‘London Pride’ was entirely different in name, style and composition from any of the earlier registered trademarks. The counsel appearing for the other side had argued before the high court that the overall comparison of the trademarks unmistakably showed that there was no similarity in them which may cause any confusion in the mind of a consumer while purchasing the whisky.