Both Blender’s Pride and London Pride can remain.
A bench of Justice JB Pardiwala and Justice R Mahadevan upheld a Madhya Pradesh High Court verdict from November 3, 2023 that ruled Pernod Ricard did not have exclusive right over the word Pride, as its registration was for the composite Blender’s Pride.
Over the last few years, Pernod Ricard, the manufacturers of Blender's Pride and Imperial Blue have been engaged in a trademark battle with JK Enterprises, a Madhya Pradesh based alcohol manufacturing company owned by Karanveer Singh Chhabra.
Pernod Ricard had alleged similarities between the registered marks and trade dress of London Pride with its own brand and accused the rival company of copying the packaging, colour scheme, label and of course Pride, creating confusion in the mind of the buyers.
Pernod Ricard took the case first to a commercial court in Madhya Pradesh and later the Indore Bench of the Madhya Pradesh High Court seeking an interim injunction.
Both the commercial court and the high court had found the word Pride was the common element between the two brands, and there were at least 48 registered variants in the relevant trademark classes.
The Courts had also mentioned the shapes, labels, colour schemes of the two brands were different and the buyers of either of the two brands could distinguish between the two.
The Bench, comprising Justice Pardiwala and Justice Mahadevan, agreed with the High Court. The Bench stated the trademark protection was on the whole registered mark and not any one word in it. Holding the word Pride as publici juris in the liquor trade and cannot be monopolised without a standalone registration.
In 2024 January, the apex court had asked JK Enterprises whether it would consider changing the trade dress.
“Why have you (London Pride) adopted the same trade dress and colour and all? Get instructions on whether you will change the trade dress and colour (the visual appearance of the product,” the bench headed by then Chief Justice D.Y. Chandrachud had asked JK Enterprises counsel. The other members of the bench were Justice Pardiwala and Justice Manoj Mishra.
The apex court gave its ruling based on merits.
Pernod Ricard had knocked the court’s door for a permanent injunction restraining use of London Pride or any similar deceptive package, Rs one crore as damages, and an interim injunction pending the trial.
In September 2023, a plea for interim relief by Pernod Ricard India in its trademark infringement plea against United Spirits “Royal Challengers American Pride” was rejected.