Pernod Ricard Takes Whisky Company to Supreme Court Over Alleged Trademark Infringement

Pernod Ricard took a whisky company, JK Enterprises to the Indian Supreme Court after accusing them of trademark infringement. (AP Photo/Gurinder Osan)

On Saturday, Devdiscourse reported that the major spirits conglomerate, Pernod Ricard, is taking a company to the Indian Supreme Court over trademark infringement. Pernod Ricard claims JK Enterprises’s whisky, “Blenders Pride,” violates the trademark of its London Pride Whisky.

The presiding judge is Chief Justice D Y Chandrachud.

Pernod Ricard attempted to pass a temporary injunction against JK Enterprises, but the injunction was rejected. Pernod Ricard claimed it registered the trademark “Blenders Pride” and “Imperial Blue” as part of its Seagram’s brand. It also claimed JK Enterprises imitated its trademark and made and sold whisky under the trademark of “London Pride” in a bottle similar to its “Imperial Blue” label. The case was heard on Jan. 5.

An attorney, Mukul Rohatgi showed the whisky bottles to jurors, claiming that the bottles were identical. The major spirits conglomerate argued that the word “Pride” was essential to the brand and accused JK Enterprises of implementing another whisky similar to the “Imperial Blue” label.

“The plaintiffs (Pernod Ricard) acquired knowledge that the defendant is selling London Pride whisky which is deceptively similar to its Blenders Pride trademark. The whisky defendant is being sold by putting label, using packaging, getup and trade dress deceptively similar to Imperial Blue,” the court noted in the verdict.

This would not be the first time Pernod Ricard has appeared in the high courts of India.

In July, the company was accused of cartelization and money laundering and had its liquor license rejected by India’s New Deli High Court.

One of the charges accused Pernod Ricard of helping specific alcohol retailers to obtain loans from HSBC banks, in assurance that the retailers would sell Pernod Ricard products in exchange. The company was additionally fined $244 million by the Indian Government for “undervaluing alcohol imports” for over a decade.

As for the case of “Blender’s Pride” v. “London Pride,” a Special Leave Petition is due on January 19. Special Leave Petitions are granted by the Supreme Court of India providing the plaintiff the opportunity to be heard in court.

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