The Supreme Court of India has directed JK Enterprises, the makers of ‘London Pride’ whisky, to consider altering the product’s trade dress and colour.
This request comes amid a trademark dispute with Pernod Ricard India, which argues that London Pride’s presentation closely resembles its own ‘Blenders Pride’ and ‘Imperial Blue’ whiskies.
During the hearing, the bench led, by Chief Justice D Y Chandrachud, said: “Why have you adopted the same trade dress and colour and all?
“Get instructions on whether you will change the trade dress and colour (visual appearance of a product).”
The bench, which also includes Justices JB Pardiwala and Manoj Misra, expects a response by the next hearing date, reported the Press Trust of India.
The apex court has scheduled to deliberate further on the trademark dispute concerning the names of the products at the subsequent session.
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Pernod Ricard India, the plaintiff in this case, had previously contested a verdict from the Madhya Pradesh High Court in November last year.
The company’s plea for a temporary injunction was denied by the commercial court in Indore, prompting the appeal.
Pernod Ricard claims that its trademarks for Blenders Pride and Imperial Blue, as well as its house mark Seagram’s, have been imitated by JK Enterprises with its London Pride whisky.
Despite Pernod Ricard’s allegations, the High Court upheld the trial court’s decision, finding no significant similarity between the marks that would constitute imitation.
Pernod Ricard emphasised that the word ‘Pride’ is a crucial and distinctive element of its Blenders Pride brand, in use since 1995, and that Imperial Blue has been marketed with a unique label and packaging since 1997.