Pernod Ricard Sues London Pride for Copyright Infringement
An Indian-based whisky distillery responded to a lawsuit from whisky distilling giant, Pernod Ricard. The two companies defended their brands before the court in one of the first whisky copyright law violations this year. The French bottler accused the distillery of copying its design and title and reselling a common product without permission.
Last week, an Indian Supreme Court heard a complaint filed by Pernod Ricard India (Pernod Ricard India Pvt Ltd), owner of Blenders Pride whisky brand. The French company alleged trademark infringement by JK Enterprises, a producer of beverages under the ‘London Pride’ mark (Karanveer Singh Chhabra).
Pernod Ricard Whisky Infringe Case
According to a report by Bar and Bench, Senior Advoc
ate Mukul Rohatgi, appearing for Pernod Ricard, handed over empty whisky bottles from both companies as evidence. The hearing unfolded before Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra. As part of the hearing, Rohatgi requested the bench to examine the packaging and labels on the bottles, which the bench allowed after noting the issue of trade dress.
When the CJI asked whether the bottles had been displayed before the lower courts as well, counsel responded in the affirmative and said that even the sizes of the bottles were the same, which was misleading to customers.
“Issue notice on the prayer for stay as well as on the Special Leave Petition returnable on 19 January 2023. Dasti service, in addition, is permitted,” the top court ordered.
“Now I would like to take the bottles back,” Rohatgi said as the hearing drew to a close.
The CJI laughed and allowed the same.
According to the apex court, Pernod Ricard India’s petition to stop the sale of London Pride whisky was rejected by the Madhya Pradesh High Court on November 3, 2023
Pernod Ricard is the second-largest beverage company in the world with offices in more than 110 countries. The Company is one of the most sold whiskies on the Indian market.
