Mumbai: The Supreme Court has dismissed a civil appeal filed by Pernod Ricard India Private Limited, which alleged trademark infringement of its whisky brand ‘Blenders Pride’ by ‘London Pride’.
A two-judge Bench of Justice J.B. Pardiwala and Justice R. Mahadevan held 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.
The Court observed, “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 liquor industry and that the dominant features—‘Blenders’, ‘Imperial Blue’, and ‘London’—are phonetically and visually distinct.
Earlier, both the Commercial Court and the Madhya Pradesh High Court had rejected Pernod Ricard’s plea for interim injunction, a position the Supreme Court has now upheld.
Dismissing the appeal, the Court directed the Commercial Court to proceed with the trial and dispose of the matter within four months.
