LI Network
Published on: November 17, 2023 at 11:40 IST
The Madhya Pradesh High Court, in a recent ruling, observed that consumers of scotch whiskey are well-educated individuals from an affluent class who can easily distinguish between bottles of different brands.
This observation was made while rejecting Pernod Ricard’s appeal to restrain Indore-based JK Enterprises from manufacturing beverages under the ‘London Pride’ mark [Pernod Ricard India Private Limited v. Karanveer Singh Chhabara].
Pernod Ricard had sought a temporary injunction against JK Enterprises, alleging the infringement of its ‘Blenders Pride’ trademark and the trade dress of the ‘Imperial Blue’ bottle. The company accused JK Enterprises of using the ‘London Pride’ mark to deceive customers.
The division bench, comprising Justice Sushrut Arvind Dharmadhikari and Justice Pranay Verma, highlighted that the products of both brands involve ‘premium’ or ‘ultra-premium’ whisky, attracting consumers of an “educated and discerning type.”
The court stated, “It can be safely presumed with a sufficient deal of certainty that the consumers of such products would be mostly literate and have reasonable intelligence to distinguish between the bottles of Blenders Pride/Imperial Blue and that of London Pride.”
Pernod Ricard’s application for a temporary injunction had been dismissed by a commercial court in Indore earlier. In its appeal, Pernod Ricard argued that it has been using the ‘Blenders Pride’ mark since 1995 and accused JK Enterprises of deceptively using a label, packaging, getup, and trade dress similar to its ‘Imperial Blue’ whisky.
The High Court, in its analysis, found no visual, phonetic, or structural similarity between the boxes or bottles of Pernod Ricard and JK Enterprises. It emphasized that Pernod Ricard does not hold registration for the colors used in its Imperial Blue mark or any individual part of the design.
Regarding the commonality of the word ‘Pride’ in ‘Blenders Pride’ and ‘London Pride,’ the court clarified that Pernod Ricard holds registration in the name of ‘Blenders Pride’ and not ‘Pride.’ The court deemed ‘Pride’ to be a generic word of common usage and non-registerable.
In conclusion, the High Court found no error in the trial court’s determination of the lack of similarity between the two marks. However, it directed the trial court to ensure the swift resolution of the suit filed by Pernod Ricard within nine months.
Citation: Pernod Ricard India Private Limited v. Karanveer Singh Chhabara (2023)
