[Pernod Ricard India Private Limited vs United Spirits Limited]
In a case alleging trademark infringement by United Spirits, which produces whiskey beneath the name “Royal Challengers American Pride,” the Supreme Court on September 6, 2023 Wednesday rejected Pernod Ricard India’s request for interim relief. Pernod Ricard India is the owner of the Blenders Pride whisky brand.
Pernod Ricard India Private Limited was represented by senior advocate Aryama Sundaram, while United Spirits Limited was represented by senior advocate Abhishek Manu Singhvi.
Earlier, The Punjab and Haryana High Court rejected Pernod Ricard India’s request for an interim injunction against United Spirits Limited in March 2023 due to the claimed infringement of the “Blenders Pride” trademark.
The alcohol production company had filed an interlocutory suit with the High Court to stop United Spirits from using the “Royal Challenger American Pride” mark on its products.
They argued that its forerunner Seagrams Company Limited adopted the trademark “Blenders Pride” in 1973 and went on to register it in 1994. When United Spirits submitted an application to register “American Pride” as a trademark with the appropriate authorities, the company’s application to register the trademark “Pride” with those authorities was still pending.
However, United Spirits argued that the word “Pride” is a widely used English noun and cannot be monopolized.
The High Court acknowledged that this argument had some merit but added, “It is too far-fetched… to suggest that the use of the term ‘Pride’ could give rise to any misunderstanding or dilution in the mind of the average consumer, who is the ultimate customer, which could result in some confusion.”
As a result, a High Court division bench composed of Justices Augustine George Masih and Alok Jain rejected to award the requested relief.
This prompted Pernod Ricard India to file an appeal with the Supreme Court.
The High Court ruling that is being challenged was based on an interlocutory application (IA), and a bench of Justices Sudhanshu Dhulia and Sanjay Kishan Kaul today declined to meddle with it.
The Supreme Court expressed worry about the prolonged pending of the case after observing that the lower court had not yet defined the suit’s issues. The Apex court ordered the Mohali trial court examining the trademark lawsuit to provide a decision on the case within a period of six months even as it declined to give interim relief.
“We believe it is strange that, even after 3 years, there have been no issues framed in an instance of this sort. According to us, the trial should be over and the verdict should be announced in a period not more than six months. So, we make our orders. Mohali’s involved district judge would act accordingly. Instead of getting into a dispute over IAs, the trial should move along quickly,” the bench said.
Written By: Hetanshi Bhojaviya, College Name: GLS Law College, Semester : IX an intern under Legal Vidhiya
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