The authorized battle over the alleged infringement of trademark of whisky manufacturers witnessed an uncommon sight in the Supreme Court as liquor bottles have been placed before the nation’s highest courtroom.
A bench headed by Chief Justice D.Y. Chandrachud was listening to a plea by liquor main Pernod Ricard India Pvt Ltd, which manufactures and sells ‘Blenders Pride’ and ‘Imperial Blue’ whisky, towards final November’s verdict of the Madhya Pradesh High Court.
Mr. Ricard had approached the High Court towards an order handed by industrial courtroom, Indore, which rejected their software for issuance of non permanent injunction. The agency had alleged infringement of their commerce mark.
It had informed the High Court that they’ve registered commerce mark in respect of ‘Blenders Pride’ and ‘Imperial Blue’ and now have such registered commerce mark in respect of Seagram’s which is their home mark and seems on their merchandise bought below numerous manufacturers.
Blenders Pride vs London Pride
It alleged that JK Enterprises has imitated their commerce mark and is manufacturing and promoting its whisky below the commerce mark ‘London Pride’.
The High Court had dismissed Pernod Ricard’s plea saying the trial courtroom had not dedicated any error in holding that no similarity was discovered in the mark of JK Enterprises which will be mentioned to be such imitation of Pernod Ricard’s commerce mark.
The matter got here up for listening to on Friday before the apex courtroom.
During the listening to, senior advocate Mukul Rohatgi, showing for Mr. Ricard, confirmed the whisky bottles to the Bench.
He informed the Bench, additionally comprising Justices J.B. Pardiwala and Manoj Misra, that even the bottle is equivalent.
“Issue notice on the prayer for stay as well as on the Special Leave Petition returnable on January 19, 2023,” the bench mentioned in its order.
Mr. icard had argued before the High Court that ‘Pride’ was essentially the most important and distinctive element of their mark ‘Blenders Pride’ which they’ve been utilizing since 1995.
The agency had mentioned they have been additionally utilizing one other mark ‘Imperial Blue’ since 1997 and are promoting whisky below the identical in distinctive label, packaging and commerce costume.
“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 excessive courtroom had famous in its verdict.
The different facet had mentioned they have been manufacturing and promoting liquor in the model title of ‘London Pride’ in Madhya Pradesh and the trademark ‘London Pride’ was solely completely different in title, fashion and composition from any of the sooner registered logos.
The counsel showing for the opposite facet had argued before the High Court that the general comparability of the logos unmistakably confirmed that there was no similarity in them which can trigger any confusion in the thoughts of a shopper whereas buying the whisky.
