A bench led by Chief Justice of India D.Y. Chandrachud sought response from one Karanveer S Chhabra, who was trading under J.K. Enterprises, on an appeal by Pernod seeking to bar the former from infringing its trademark and manufacturing beverages under the ‘London Pride’ name.
“The issue is about the trade dress here,” the CJI said, while also issuing a notice on the stay application moved by Pernod.
Pernod Ricard senior counsel Mukul Rohatgi told the SC that the Indore-based firm had copied its trademark Blenders Pride by adopting and using London Pride for its whiskies and had also copied the colour combination, get-up and trade dress of its Imperial Blue whiskies, including use of bottles with embossing of its housemark Seagram.
The HC and the trial court “have painfully dissected the trade marks as well as features appearing on the overall label and packaging of the Petitioners (Pernod) and compared them for the differences instead of comparing the competing trade marks, get-up, trade dress as a whole for overall similarity, contrary to the test of deceptive similarity laid down by the Supreme Court,” the appeal filed by counsel Mohit D Ram stated.
The HC in November last year had refused to restrain the local firm from using impugned trade mark, get-up and trade dress of Pernod, which alleged these to be “dishonest and fraudulent imitation” of its well-known and registered trade marks. The HC had said the products of the two brands involve premium or ultra-premium whiskies whose consumers are an educated and discerning type.Pernod claimed to be in use of these trademarks since1973 and in India since 1995 with annual turnover of over Rs 1700 crore and Rs 2700 crore for Blenders Pride and Imperial Blue, respectively.
