New Delhi, In an unusual courtroom setting, the Chief Justice of India’s courtroom witnessed whisky bottles taking center stage as the legal battle between Pernod Ricard and JK Trading entered the Supreme Court. Pernod Ricard, the manufacturer of popular whisky brands ‘Blenders Pride’ and ‘Imperial Blue,’ accused JK Trading of selling the deceptively named ‘London Pride’ whisky, allegedly harming Pernod Ricard’s ₹4,400 crore annual turnover.
The courtroom drama unfolded as senior advocate Mukul Rohatgi, representing Pernod Ricard, accused JK Trading of copying the “get-up and dressing” of their bottles, even embossing ‘London Pride’ bottles with the Seagram logo. Rohatgi, emphasizing the seriousness of the allegations, stated, “They must be either manufacturing the bottles or getting them from scrap dealers.”
To provide visual evidence of the alleged similarity, Rohatgi placed the packaged bottles on the arguing table. When the bench, led by Chief Justice of India D Y Chandrachud, expressed interest in examining the evidence, Rohatgi unpacked the bottles. A light moment ensued as the CJI, smiling, suggested keeping the bottles with the advocate, recalling his past experience with a vodka brand case during his tenure at the Bombay High Court.
The legal tussle revolves around Pernod Ricard’s claim that JK Trading copied the “trademark Blenders Pride” by adopting and using ‘London Pride,’ including mimicking the color combination, get-up, and trade dress of ‘Imperial Blue.’
However, the CJI pointed out that ‘pride’ is a generic name, and no copyright can be claimed over it. Despite this, the Supreme Court agreed to examine the petition and issued a notice to JK Trading, granting two weeks to respond.
Pernod Ricard had previously approached the Madhya Pradesh High Court with similar claims, but the HC ruled in favor of JK Trading, stating that there was no “deceptive similarity” between the two brands. Dissatisfied with this verdict, Pernod Ricard escalated the matter to the Supreme Court, asserting that JK Trading copied their trademarks and bottle designs.
The ‘Whisky War’ unfolds in the highest court, adding a unique twist to the typically sober legal proceedings.
