The Supreme Court
on Monday directed a Madhya Pradesh-based company which manufactures and sells
whisky under the trade mark 'London Pride' to inform if it was willing to
change the trade dress and colour of its product as they were similar to liquor
major Pernod Ricard India Pvt Ltd's 'Blenders Pride' and 'Imperial Blue'
whisky.
A bench headed by
Chief Justice D Y Chandrachud asked senior advocate S Muralidhar, appearing for
brand 'London Pride', to seek instructions and inform it about the company's
response by the next date of 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.
The apex court
said it will hear arguments on the issue of trademark dispute on names at the
next hearing.
The legal battle
over the alleged infringement of trademark of the whisky brands witnessed an
unusual sight in the Supreme Court on January 5 as liquor bottles were placed
before the country's highest court.
The top court 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 the commercial court,
Indore, which rejected its application for issuance of temporary injunction.
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 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.