The Supreme Court on Wednesday refused to grant interim relief to Pernod Ricard India, owner of the Blenders Pride whisky brand, in a plea that alleged United Spirits, the producer of Royal Challengers American Pride whisky trade infringement.
Earlier, in March 2023, the Punjab and Haryana High Court had dismissed an application for interim relief by Pernod Ricard India against United Spirits, who were alleged to have infringed the trademark Blenders Pride. The Supreme Court bench comprising Sanjay Kishan Kaul and Sudhanshu Dhulia on Wednesday noted that the HC order under challenge was on an interlocutory application (IAs) and hence did not interfere with it, as per Bar and Bench.
Even though the top court refused to grant interim relief, it directed the trial court hearing the case to give a decision on the case before six months.
Concerns were raised by the apex court regarding the long pendency of the matter as the issues have not been framed yet by the lower court in the suit. The bench ordered the concerned district judge at Mohali that the trial should proceed expeditiously rather than being a battle over IAs.
Senior Advocate Abhishek Manu Singhvi represented United Spirits Limited while senior Advocate Aryama Sundaram represented Pernod Ricard India Private Limited, in the ongoing matter.
The owner of Blenders Pride went to the HC through an IA, to bar United Spirits from selling products under the ‘Royal Challenger American Pride’, as per Bar and Bench.
The company said that the trademark ‘Blenders Pride’ was adopted by the previous owner Seagrams Company Limited in 1973 and obtained registration for it in 1994. When United Spirits had filed an application to register 'American Pride' as a trademark, its application for registration of its trademark ‘Pride’ was pending with the authorities.
On the contrary, United Spirits argued that the word ‘Pride’ is a common English word that cannot be monopolised.
The HC found force in this argument and added that it is far stretched that the term ‘Pride’ could create any misconception in the mind of the consumer, which could lead to any confusion.
Hence, the HC bench did not grant the relief sought by Pernod Ricard India, following which it appealed before the Supreme Court.
