Senior Advocate Mukul Rohatgi presented empty whiskey bottles from both companies to the bench, urging them to scrutinize the packaging and labels.
The Supreme Court recently issued a notice in response to a plea filed by Pernod Ricard India, the owner of the Blenders Pride whisky brand. The plea alleges trademark infringement by JK Enterprises, an Indore-based company that produces beverages under the ‘London Pride’ mark [Pernod Ricard India Pvt Ltd and anr vs Karanveer Singh Chhabra].
During the hearing, Senior Advocate Mukul Rohatgi, representing Pernod Ricard, engaged in an interesting exchange with the bench consisting of Chief Justice of India (CJI) DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra. Rohatgi handed over empty whiskey bottles from both companies to the bench and requested them to examine the packaging and labels.
At the beginning of the hearing, Rohatgi sought permission to bring the bottles into the courtroom, which the bench granted, recognizing the involvement of the trade dress issue. Responding to the CJI’s inquiry about whether the bottles had been presented in the lower courts, Rohatgi affirmed and pointed out that even the size of the bottles was identical, potentially misleading customers.
The Supreme Court ordered, “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.”
As the hearing concluded, Rohatgi humorously mentioned, “Now I would like to take the bottles back,” to which the CJI laughed and granted permission.
The appeal to the apex court stemmed from a Madhya Pradesh High Court order on November 3, 2023, which had dismissed Pernod Ricard India’s petition to stop the sale of London Pride whisky.
Representatives for Pernod Ricard India included advocates Hemant Singh, Mamta Jha, Mohit D Ram, Rajul Shrivastav, Monisha Handa, Sambhav Jain, Reha Mohan, and Anubhav Sharma.
This incident marks the second instance in the recent past where liquor bottles were introduced as evidence in the Supreme Court due to intellectual property rights claims filed by Pernod Ricard. In September, the Supreme Court had refused interim relief to Pernod Ricard India against United Spirits, which produces whiskey under the name ‘Royal Challengers American Pride.’ That hearing also featured lighter moments as the counsel and judges discussed whisky brewing, with Justice Sanjay Kishan Kaul humorously acknowledging his lack of expertise in the subject.
