Thursday, the Supreme Court rejected the request for Liquor Major Pignod Ricard India to block the sale of whiskey “London Pride”, saying that the brand and packaging were not deceptively similar to its flagship labels, “Blenders Pride” and “Imperial Blue”. A bench of judges JB Pardiwala and R Mahadevan confirmed the decisions of the upper court of Madhya Pradesh and the commercial tricing court that refused to grant the company of French spirits an unjust unjust against the unnecessary manufacturer Karanveer Singh Chhabra.
The question was if Pignod Ricard India was entitled to an order that prevents Chhabra from using the contested brand, recovery and commercial dress, including the “London pride” packaging for the fact that this use is equivalent to the violation of its registered trademarks, such as “” “Mixed Pride”, “Imperial Blue” and “
“It is a established principle of the brand on the brand that the deceptive similarity does not require an Ettta imitation. What is material is the probability of confusion or association in the minds of consumers deriving from an overall similarity between the competing brands. The applicable standard is that of an average consumer with imperfect memory,” he said. By applying the established legal standards, including the antidissection rule, the overall similarity test and the prospect of an average consumer, the bench said that he had not found any deceptive similarity among the competing brands that would give rise to confusion.
“The signs -” Blenders Pride “and” London Pride ” – are not clearly identical. Although the products are similar, the branding, the packaging and the commercial dress of each have materially distinct. The commercial court and the Supreme Court have rightly considered that the term” pride “is differently and commonly used and commonly used and common at the blue level, with a packed blue, producing distinct complex impressions, said. The following courts have also correctly observed the products in question are Premium and ultra-premium whiskey, aimed at a more demanding consumers base, added.
“It is likely that these consumers exercise greater care in their purchase decisions. The distinct commercial dress and packaging reduce any probability of confusion. The shared use of the laudatory word” pride “, in insulation, cannot be the basis for an injunction,” he said.
“The applicants’ attempt to combine elements from two distinct brands -” Blender Pride “and” Imperial Blue ” -to challenge the defendant brand” London Pride “, constitutes a hybrid and unsustainable plea. Each brand must be evaluated independently.
As he rejected the appeal, he asked the local commercial court to proceed with the trial and dispose of the case for merits, in accordance with the law, not influenced by any observations made by this Court or by the Courts below, within a period of four months from the date of receipt of a copy of this sentence.
The verdict has come to an appeal of the major of the Ricard India Pvt Ltd liqueurs, which produces and sells “Pride mixers” and whiskey “Imperial Blue”, against the 2023 verification of the high court of Madhya Pradesh.
Pignod Ricard has moved the Alta Court against an order issued by the commercial court, unwary, which rejected their demand for issuing temporary injunctions.
He told the Upper Court that he had recorded a registered trademark for “Blenders Pride” and “Imperial Blue” and also have such a registered trademark of Seagram which is their home sign and appears on their products sold under various brands.
He said Jk Enterprises imitated their brand and is producing and selling his whiskey under the “London Pride” brand, but the high court rejected his reason.
By writing a 97 -page verdict, judge Mahadevan said that the brand law protects the overall impressions of consumers rather than the sectioned components of a brand. He said that the dominant parts of the signs, “mixers”, “imperial blue” and “London” were completely different in sight, sound and meaning.
The bench also discovered that the bottle shapes, the label drawings and the packaging styles were distinct enough to avoid confusion between consumers.
He said that the term “pride” is “purifying”, (common to trade) and appears in numerous brands of liqueurs recorded in India.
Be First to Comment