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Informist, Thursday, Aug. 14, 2025

 

NEW DELHI – The Supreme Court on Thursday refused to restrain Karanveer Singh Chhabra, who operates his business under J.K. Enterprises, from manufacturing and selling whiskey or any alcoholic and non-alcoholic beverages with London Pride trademark, which Pernod Ricard India Pvt. Ltd. said were similar to its Blenders Pride trademark and Imperial Blue's packaging. The apex court rejected an interim injunction plea filed by Pernod Ricard and upheld a Madhya Pradesh High Court's 2023 order.

 

 

"In the present case, the marks Blenders Pride and London Pride are clearly not identical. Though the products are similar, the branding, packaging, and trade dress of each are materially distinct," said the apex court. The high court has rightly held that the term 'Pride' is "publici juris" and commonly used in the liquor industry, said the apex court. The dominant components Blenders, Imperial Blue and London are entirely different, both visually and phonetically, producing distinct overall impressions, the court added.

 

In the liquor industry, where advertising is highly restricted, brand recognition rests predominantly on packaging and consumer loyalty, said the apex court. Unless the imitation is deliberate and intended to mislead, the chance of confusion is minimal, said the top court. The allegation of counterfeiting in the present case appears to be speculative and unsupported by credible evidence, the apex court added.

 

"It is not in dispute that the word 'Pride' is not registered as a standalone mark. Nor can the appellants claim exclusivity over common elements like bottle shape or color schemes that are generic and widely used in the industry," said the bench of Justices J.B. Pardiwala and R. Mahadevan. While the composite marks Blenders Pride and Imperial Blue are protected, their individual elements – lacking distinctiveness – are not independently enforceable, said the bench. The apex court asked the commercial court to proceed with the trial and dispose of the main suit on merits. 

 

In its petition, Pernod Ricard said that J.K. Enterprises had copied its trademark name Blenders Pride by adopting and using London Pride for its whiskeys. Further, it claimed that J.K. Enterprises had also copied the colour combination, get-up, and trade dress of its Imperial Blue whiskeys, including the embossing of its housemark Seagram on its bottle.  End

 

Reported by Surya Tripathi

Edited by Akul Nishant Akhoury

 

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