Supreme Court rejects Pernod Ricard's plea in 'London Pride' trademark dispute
Pernod Ricard, the maker of Blenders Pride, Imperial Blue, and the Seagram's label, had argued that London Pride was deceptively similar to its registered marks and packaging.
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The Supreme Court has dismissed French spirits giant Pernod Ricard's appeal in a trademark infringement case against Karanveer Singh Chhabra, proprietor of JK Enterprises, over his whisky brand London Pride, according to a Bar and Bench report.
A bench of Justices JB Pardiwala and R Mahadevan upheld the Madhya Pradesh Court's November 2023 order, which had refused to grant interim relief to Pernod Ricard.
The courts consistently held that the word Pride - a common, laudatory expression in the liquor industry - cannot be monopolised without a standalone registration. Pernod Ricard holds registration only for its composite mark Blenders Pride.
Pernod Ricard, the maker of Blenders Pride, Imperial Blue, and the Seagram's label, had argued that London Pride was deceptively similar to its registered marks and packaging. The company claimed imitation in colour schemes, labels, and the prominent use of the word "Pride" creating a likelihood of consumer confusion. It had sought a permanent injunction, destruction of infringing material, and damages worth Rs 1 crore.
Endorsing this view, the Supreme Court stated that trademark similarity must be judged on the mark as a whole rather than by isolating a single element - a reaffirmation of the anti-dissection rule, the report added.
It declared that Pride is publici juris in the liquor industry and cannot be appropriated without exclusive registration.
Also Read: CCI finds Pernod Ricard pushing retailers to promote its whisky brand, documents reveal: Report
Significantly, the apex court also introduced the doctrine of "post-sale confusion" into Indian trademark law for the first time.
Recognized in jurisdictions like the US and UK, this doctrine addresses confusion that arises not at the point of purchase but when products are seen in public use - especially relevant in sectors such as fashion, luxury, goods, and automobiles.
The Court noted that while the concept was not applicable in this case, it could reshape future brand protection strategies in India, the report added.
This is not the first time Pernod Ricard has faced setbacks in trademark disputes. In September 2023, the Delhi High Court also denied interim relief to the company in its challenge against United Spirits' whisky brand Royal Challengers American Pride.
