Introduction:

In a significant legal battle, the Supreme Court has taken notice of a special leave petition filed by Pernod Ricard India Pvt Ltd, the Indian subsidiary of an international liquor manufacturer. The petition challenges the Madhya Pradesh High Court’s refusal to grant an injunction against the alleged infringement of trademarks related to whiskey brands such as “Blender’s Pride” and “Imperial Blue.”

Arguments of Both Sides:

Senior Advocate Mukul Rohatgi, representing Pernod Ricard India Pvt Ltd, presented a compelling case, asserting that the respondents had infringed on the bottle design, packaging, and names of their whiskey brands through the product “London Pride.” Rohatgi showcased the bottles, emphasizing the striking similarities, especially in the case of “Imperial Blue,” where the copying extended to the identical bottle design. The senior advocate pointed out violations on three fronts: registered marks, names, and packaging, illustrating the identical nature of the bottles and emphasizing the severity of the infringement.

The High Court’s refusal to pass an injunction order was based on the belief that premium whiskey consumers possess the intelligence to differentiate between brands, citing no “deceptive similarity.” The court noted that scotch whiskey consumers are educated and discerning individuals belonging to the affluent class.

Court’s Judgment:

The Supreme Court bench, led by the Chief Justice, DY Chandrachud, and including Justices JB Pardiwala and Manoj Misra, issued notice in both the special leave petition and the stay petition. During the proceedings, the CJI referred to a precedent involving a vodka bottle, indicating the relevance of past judgments on trade design. The bench made the matter returnable on January 19, 2023, implying a thorough examination of the case.