The Supreme Court has denied relief to Pernod Ricard in its trademark infringement and passing-off case against JK Enterprises over the latter’s whisky brand London Pride.
The decision has upheld the Madhya Pradesh High Court’s November 2023 order that found no deceptive similarity between Pernod Ricard’s Blenders Pride and London Pride.
As per media reports, Pernod Ricard, maker of Blenders Pride, Imperial Blue and other Seagram’s labels, has alleged that London Pride has been deceptively similar to its registered marks and trade dress, including packaging, colour schemes, labels and the prominent use of the word Pride. The company has sought a permanent injunction, destruction of infringing material, and token damages of Rs 1 crore.
However, the commercial court and the Madhya Pradesh High Court have both ruled that the only common element between the two brands is the word Pride, which is laudatory, generic, and widely used in the liquor trade, with at least 48 registered variants in relevant trademark classes. Pernod Ricard has had no standalone registration for the word Pride.
The courts have also noted that the bottle shapes, labels, colour palettes and logos of both whiskies have been visibly different, and that premium whisky consumers are generally educated and discerning, making confusion unlikely. No evidence of actual consumer deception has been presented.
Agreeing with this analysis, the Supreme Court has observed that trademark protection extends to the entire registered mark, not to an unregistered word within it, and that Pride is publici juris (public right) in the liquor industry. With this, the court has dismissed Pernod Ricard’s plea, as it did in a similar case in 2023 against United Spirits’ Royal Challengers American Pride.
