The Madhya Pradesh High Court refused to grant a temporary injunction.
A Division Bench of Justices Prannoy Verma and SA Dharmadhikari observed, it can be inferred with sufficient certainty that the consumers of such products are mostly literate. They have the intelligence to distinguish between bottles of Blender’s Pride or Imperial Blue and London Pride. Even if someone has common sense, they will be able to spot the differences between competing brands. Scotch-whiskey consumers are educated and discerning. They are educated people from the rich class of society.’
Pernod Richard India and Pernod Richard USA LLC produce the whiskey brands ‘Blender’s Pride’ and ‘Imperial Blue’. Another company has been accused of stealing the logo and selling Whixie in the name of ‘London Pride’. Plaintiffs allege that London Pride is in a bottle of whizzy
A trademark similar to Blender Pride’s trademark has been used fraudulently. The packaging, getup, trade dress of London Pride’s wine bottles are all Imperial Blue. Imperial Blue is a registered Seagram trademark registered in class 33. Therefore, an application was made to the court to ban the sale of London Pride. In view of that case, the court has not agreed to issue a ban on the sale of that brand of whiskey. It is alleged that the customers are being confused due to counterfeiting of the trademark. As a result, their sales are decreasing. Customers are allegedly buying London Pride via Brivant. The court observed that those who buy such liquor are quite educated and intelligent. They know what they want to buy and what they don’t want. So there is no possibility of getting confused in this regard.
About Arunima Chakraborty
A graduate in Journalism, Arunima also holds a Master’s degree from Calcutta University. Having entered the profession with work experience in several reputed organizations. Worked as content editor and news anchor at ETV Bharat Digital Desk in Hyderabad. Besides, Arunima also has work experience in TV Nine Bangla news channel. Attentive and sincere towards work, Arunima is currently working at the digital desk. Besides journalism, he likes to spend his leisure time in music pursuits and painting. He also likes to travel.Read more