SC Asks 'London Pride' Whisky Maker To Change Packaging After Trademark Infringement Suit By 'Blenders Pride'

On Monday, the Supreme Court issued a directive to a Madhya Pradesh-based liquor company which produces and sells whisky under the trademark 'London Pride.' The court sought confirmation regarding the company's willingness to modify the trade dress and colour of its product as they were similar to the 'Blenders Pride' and 'Imperial Blue' whiskies produced by the prominent liquor company, Pernod Ricard India Pvt Ltd.

The chief justice of India D Y Chandrachud, asked the advocate appearing for the 'London Pride' brand to seek a directive from its parent company whether they would change the trade dress, packaging colour etc. The court also asked him to inform it about the company's response by the next date of the hearing.

"Why have you ('London Pride') adopted the same trade dress and colour and all? Get instructions on whether you will change the trade dress and colour (visual appearance of a product)," the bench, also comprising Justices JB Pardiwala and Manoj Misra, said.

Liquor bottles placed in front of SC

A rare sight was also witnessed on January 5 as liquor bottles were placed in front of the apex court of the country. This comes as both parties argued the issue of trademark infringement.

Maker of 'Blenders Pride' alleges trademark infringement

The apex court's directive came as the Madhya Pradesh High Court passed an order against the liquor major Pernod Ricard India Pvt Ltd, which manufactures and sells 'Blenders Pride' and 'Imperial Blue' whisky. The company had reached out to the HC against an order of a commercial court which had refused to grant a temporary injunction against the makers of 'London Pride' whiskey - JK Enterprises. The firm had alleged infringement of their trade mark.

It told the high court it had registered the trade mark in respect of 'Blenders Pride' and 'Imperial Blue' and also has registered the 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 its trade mark and is manufacturing and selling its whisky under the trade mark 'London Pride'.

Pernod Ricard's plea was dismissed by HC

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 an imitation of Pernod Ricard's trade mark.

Pernod Ricard had argued before the high court that 'Pride' was the most essential and distinctive component of the 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 labels, packaging and trade dress.

"The plaintiffs (Pernod Ricard) acquired knowledge that the defendant is selling London Pride whisky which is deceptively similar to its Blenders Pride trade mark. The whisky of the 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.

(With PTI Inputs)