Whisky bottles placed before Supreme Court in alleged trademark infringement row

Supreme Court hears trademark infringement case of whisky brands; Pernod Ricard India Pvt Ltd vs. JK Enterprises.

The legal battle over the alleged infringement of trademark of whisky brands witnessed an unusual sight in the Supreme Court as liquor bottles were placed before the country's highest court.

A bench headed by Chief Justice D.. Chandrachud was hearing a plea by liquor major Pernod Ricard India Pvt Ltd, which manufactures and sells 'Blenders Pride' and 'Imperial Blue' whisky, against last November's verdict of the Madhya Pradesh High Court.

Pernod Ricard had approached the High Court against an order passed by commercial court, Indore, which rejected their application for issuance of temporary injunction. The firm had alleged infringement of their trade mark.

It had told the High Court that they have registered trade mark in respect of 'Blenders Pride' and 'Imperial Blue' and also have such registered trade 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 their trade mark and is manufacturing and selling its whisky under the trade mark 'London Pride'.

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 imitation of Pernod Ricard's trade mark.

The matter came up for hearing on Friday before the apex court.