Court denies Pernod’s injunction against London Pride
The Indian Supreme Court has rejected Pernod Ricard’s pleas for an interim injunction against London Pride whisky, which the French firm claims infringes on the trademarks for its brands Blenders Pride and Imperial Blue.
The trademark battle between Pernod Ricard and JK Enterprises, a Madhya Pradesh-based alcohol manufacturing company, began in 2023, when the Beefeater Gin owner alleged similarities between the registered marks and trade dress of its competitor’s London Pride with its own brands.
The firm accused the rival company of copying the packaging, colour scheme, label, and use of the word ‘pride’, which it believes creates consumer confusion.
Pernod Ricard took the case to the Commercial Court in Madhya Pradesh and later to the Indore Bench of the Madhya Pradesh High Court where it sought an interim injunction.
Both the Commercial Court and the High Court found that while the word ‘pride’ was a common element between the two brands, there were at least 48 registered variants in the relevant trademark classes.
The courts also noted that the shapes, labels, colour schemes of the two brands were different, and that distinguishing between the two would be easy for consumers.
Now, a two-judge bench at the Indian Supreme Court has upheld that the marks ‘Blenders Pride’ and ‘London Pride’ are “clearly not identical” and that the products, while similar, have materially distinct branding, packaging, and trade dress.
As such, the court declared that ‘pride’ is ‘publici juris’ (a Latin term meaning ‘of public right’) in the spirits industry and therefore cannot be appropriated without exclusive registration.
Judges Justice J.B Pardiwala and Justice R Mahadevan noted: “The courts below also correctly observed that the products in question are premium and ultra-premium whiskies, targeted at a discerning consumer base. Such consumers are likely to exercise greater care in their purchase decisions. The distinct trade dress and packaging reduce any likelihood of confusion. The shared use of the laudatory word ‘pride’, in isolation, cannot form the basis for injunctive relief.”
The court further underlined that deceptive similarity must be assessed on overall impression and consumer perception, not by isolating generic components.
It reiterated that ‘pride is a common term in the spirits industry and that the dominant features – ‘Blenders’, ‘Imperial Blue’, and ‘London’ – are phonetically and visually distinct.
Dismissing the appeal, the court directed the Commercial Court to proceed with the trial and dispose of the matter within four months.
In September 2023, Pernod Ricard faced a similar setback in a trademark dispute, when the Delhi High Court denied interim relief to the company in its challenge against United Spirits’ whisky brand Royal Challenge American Pride.
Last month, Pernod Ricard agreed to sell Imperial Blue to Tilaknagar Industries for €412.6 million (US$485m).
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