Selling whisky, not socks…why choose Pride’, SC on Blenders Pride vs London Pride row

The Supreme Court on Monday directed a whisky company based in Madhya Pradesh, selling the brand 'London Pride,' to disclose its willingness to change the trade dress and colour of its product. This comes in response to a claim by Pernod Ricard India Private Limited, a major liquor brand, alleging similarities between 'London Pride' and its own 'Blenders Pride' and 'Imperial Blue' whisky brands. The court seeks clarification to avoid potential trademark disputes.

New Delhi:The Supreme Court on Monday directed a Madhya Pradesh-based whisky company, selling the brand ‘London Pride’, to inform whether it was willing to change the trade dress and colour of its product. Pernod Ricard India Private Limited, a major liquor brand, has claimed it was similar to its ‘Blenders Pride’ and ‘Imperial Blue’ whisky.

A three-judge bench led by Chief Justice of India DY Chandrachud asked senior advocate S Muralidhar, appearing for the brand ‘London Pride’, “Why have you (‘London Pride’) adopted the same trade dress and colour and all?” The bench, also comprising justices JB Pardiwala and Manoj Misra, asked Muralidhar to get instructions on whether his client is willing to change the trade dress and colour, regarding the visual appearance of the product.

CJI asked Muralidhar, “Why do you choose pride, what is the reason for choosing pride?” He replied there were 42 users, who used Pride, and insisted that there is a difference in the price of both whiskies and the consumer is discerning and “the taste of it makes it discerning and they know what they are going for”. “You are selling whisky, not socks…”, said CJI.

The bench said it will hear arguments on the issue of trademark dispute on names at the next hearing. The apex court was hearing a plea by liquor major Pernod Ricard India Private Limited, which manufactures and sells ‘Blenders Pride’ and ‘Imperial Blue’ whisky, against last November’s verdict of the Madhya Pradesh High Court.

On January 5, a three-judge bench led by the Chief Justice of India (CJI) on Friday was surprised to see two whisky bottles in the hands of senior advocate Mukul Rohatgi while he was arguing before the court a case regarding a trademark violation row between two liquor companies.

The bench had issued notice on the liquor company’s plea. The High Court, in November last year, had observed that consumers of scotch whiskey are educated persons belonging to the affluent class of society and can easily distinguish between bottles of two different brands. The High Court declined to entertain Pernod Ricard's plea to prevent Indore-based JK Enterprises from manufacturing alcoholic beverages under the 'London Pride' trademark. The liquor company had requested the High Court for a temporary injunction against JK Enterprises. It claimed that it had violated the 'Blenders Pride' trademark and the appearance of the 'Imperial Blue' bottle.