On Friday, the Supreme Court undertook a review of a ruling from the Madhya Pradesh High Court. The High Court had declined to prohibit a local company from producing and marketing whisky, as well as alcoholic and non-alcoholic beverages, using trademarks, appearance, and trade dress that were purportedly similar to those of Pernod Ricard India’s Indian made foreign liquor brands—Blenders Pride and Imperial Blue.
A panel headed by Chief Justice of India D.Y. Chandrachud has requested a response from Karanveer S Chhabra, trading under J.K. Enterprises. This comes in response to an appeal by Pernod, seeking to prevent the latter from infringing on its trademark and producing beverages under the name ‘London Pride.’
“The matter at hand revolves around the trade dress,” remarked the Chief Justice of India, concurrently issuing a notice regarding the stay application filed by Pernod.
Pernod Ricard’s Allegations:
Mukul Rohatgi, senior counsel for Pernod Ricard, informed the Supreme Court that the Indore-based company had imitated Pernod’s trademark, Blenders Pride, by incorporating and utilizing the term London Pride for its whiskies. Additionally, he asserted that the company had replicated the color scheme, presentation, and overall trade dress of Pernod Ricard’s Imperial Blue whiskies, including the use of bottles embossed with its housemark, Seagram.
The High Court and the trial court “meticulously examined the trademarks and features displayed on the complete label and packaging of the Petitioners (Pernod), scrutinizing them for distinctions rather than evaluating the overall similarity of the competing trademarks, get-up, and trade dress as a whole, contrary to the deceptive similarity test established by the Supreme Court,” asserted the appeal submitted by counsel Mohit D Ram.
In November last year, the High Court refused to prevent the local company from employing the contested trademark, appearance, and trade dress resembling that of Pernod. Pernod claimed these to be a “dishonest and fraudulent imitation” of its well-known and registered trademarks. The High Court justified its decision by stating that the products of both brands encompass premium or ultra-premium whiskies, catering to an educated and discerning consumer base.
Pernod Ricard asserted that it has been utilizing these trademarks since 1973 and in India since 1995, achieving an annual turnover exceeding INR 1700 crore and INR 2700 crore for Blenders Pride and Imperial Blue, respectively.
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