Whisky bottles placed before SC in alleged trademark infringement row
New Delhi, Jan 6: The legal battle over the alleged infringement of trademark of whisky brands witnessed an unusual sight in the Supreme Court as liquor bottles were placed before the country's highest court.
A bench headed by Chief Justice D Y Chandrachud was hearing a plea by liquor major Pernod Ricard India Pvt Ltd, which manufactures and sells 'Blenders Pride' and 'Imperial Blue' whisky, against last November's verdict of the Madhya Pradesh High Court.
Pernod Ricard had approached the high court against an order passed by commercial court, Indore, which rejected their application for issuance of temporary injunction. The firm had alleged infringement of their trade mark.
It had told the high court that they have registered trade mark in respect of 'Blenders Pride' and 'Imperial Blue' and also have such registered trade mark in respect of Seagram's which is their house mark and appears on their products sold under various brands.
It alleged that JK Enterprises has imitated their trade mark and is manufacturing and selling its whisky under the trade mark 'London Pride'.
The high court had dismissed Pernod Ricard's plea saying the trial court had not committed any error in holding that no similarity was found in the mark of JK Enterprises which can be said to be such imitation of Pernod Ricard's trade mark.
The matter came up for hearing on Friday before the apex court.
During the hearing, senior advocate Mukul Rohatgi, appearing for Pernod Ricard, showed the whisky bottles to the bench.
He told the bench, also comprising Justices J B Pardiwala and Manoj Misra, that even the bottle is identical.
"Issue notice on the prayer for stay as well as on the Special Leave Petition returnable on January 19, 2023," the bench said in its order.
Pernod Ricard had argued before the high court that 'Pride' was the most essential and distinctive component of their mark 'Blenders Pride' which they have been using since 1995.
The firm had said they were also using another mark 'Imperial Blue' since 1997 and are selling whisky under the same in distinctive label, packaging and trade dress.
"The plaintiffs (Pernod Ricard) acquired knowledge that defendant is selling London Pride whisky which is deceptively similar to its Blenders Pride trade mark. The whisky of defendant is being sold by putting label, using packaging, getup and trade dress deceptively similar to Imperial Blue," the high court had noted in its verdict.
The other side had said they were manufacturing and selling liquor in the brand name of 'London Pride' in Madhya Pradesh and the trademark 'London Pride' was entirely different in name, style and composition from any of the earlier registered trademarks.
The counsel appearing for the other side had argued before the high court that the overall comparison of the trademarks unmistakably showed that there was no similarity in them which may cause any confusion in the mind of a consumer while purchasing the whisky.
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J-K: Six held with drugs, assets worth Rs 73 lakh attached in Udhampur
Jammu (PTI): Six persons were taken into custody during an intensified anti-narcotics crackdown, with police recovering contraband substances and over Rs 23 lakh in Doda and Kathua districts of Jammu and Kashmir, police said on Monday.
In a parallel action, properties worth over Rs 73 lakh linked to drug peddlers were also attached in Udhampur district under relevant legal provisions, the police said.
Additional Superintendent of Police, Doda, Mohd Aslam said three persons, including a woman, were detained during a raid on a house at Dak Mohalla in the main town following recovery of 85 grams of suspected brown sugar and over Rs 23 lakh on Sunday evening.
He identified the woman as Zareena Begum, stating that she had been under police surveillance following inputs indicating her involvement in drug peddling.
Besides Zareena, officials said her daughter and son-in-law were also picked up by police during the raid.
“We have taken three individuals into custody. Their roles are being examined, and based on that, arrests will be made. We are continuing raids at other suspected locations,” Aslam said.
Three drug peddlers --Pardeep Singh of Hiranagar, Rahees Butt of Billawar and Ali Sen of Amritsar (Punjab) -- were arrested along with heroin at different places in Kathua district, a police spokesman said.
He said while 2.79 gm of heroin was seized from Singh, 2.66 gm were recovered Butt. Similarly, 303 gm of heroin was seized from Sen who was intercepted near Berrian-Pattan village while moving in a private car from Bhagthali to Maggar Khad on the Jammu-Pathankot highway.
All the three were booked under the NDPS Act and further investigations are on, the spokesman said.
In Udhampur, the spokesman said properties worth Rs 73 lakh were attached in two separate cases registered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
The attached properties included a newly constructed residential house, a car, a motorcycle and a mobile phone with a total value of Rs 65 Lakh, belonging to accused Saif Ali who was booked under the NDPS case in Majalta area early this year, he said.
In another action, movable property worth Rs 8 lakh comprising a car, belonging to accused Danish Butt of Doda has been attached under Section 68(F) NDPS Act in connection with an FIR registered at Rehambal police station, the spokesman said.
