INDIA – In the legal domain of India, the Supreme Court has mandated JK Enterprises, creators of the ‘London Pride’ whiskey, to contemplate modifications to the product’s trade dress and color scheme.
This directive stems from an ongoing trademark dispute with Pernod Ricard India, asserting that the visual presentation of London Pride closely mirrors their own ‘Blenders Pride’ and ‘Imperial Blue’ whiskies.
During the proceedings, the Chief Justice D Y Chandrachud-led bench queried, “Why have you adopted the identical trade dress and color?”
The bench urged JK Enterprises to seek guidance on potential alterations to the trade dress and color, referring to the visual manifestation of the product.
A response is anticipated by the forthcoming hearing, as conveyed by the Press Trust of India. The apex court has slated further discussions on the trademark conflict concerning product names in the subsequent session.
Pernod Ricard India, the plaintiff in this litigation, had previously contested a ruling from the Madhya Pradesh High Court in November of the preceding year.
The commercial court in Indore denied the company’s plea for a temporary injunction, prompting the current appeal.
Pernod Ricard contends that JK Enterprises’ London Pride whiskey mimics their trademarks for Blenders Pride, Imperial Blue, and the house mark Seagram’s.
Despite Pernod Ricard’s allegations, the High Court upheld the trial court’s decision, discerning no substantial similarity between the marks indicative of imitation.
Emphasizing the significance of the word ‘Pride’ as a distinctive element of the Blenders Pride brand since 1995, Pernod Ricard asserted that Imperial Blue has been marketed with a unique label and packaging since 1997.
In a parallel development, Pernod Ricard India recently introduced its inaugural premium Indian single malt, Longitude77, crafted in small batches in a distillery located in Maharashtra’s Nashik.
Launched globally in October and now available in expanded retail outlets, Longitude77 derives its name from the 77° east longitude that traverses the length of India, denoting the country’s position on the global map.
Nearly 95% of Pernod Ricard’s sales volumes in India comprise Indian-made foreign liquor, contributing over 80% of its net sales, according to Jean Taboul, the local managing director.
Anticipating a threefold surge in sales over the next decade in tandem with India’s economic expansion and the rising middle-class preference for higher-quality IMFL and imported brands, Taboul envisions India surpassing the United States as Pernod Ricard’s primary and most lucrative market.
Longitude77 stands as a pivotal component in this expansive strategy, reflecting the group’s commitment to the ‘Make in India’ initiative, Taboul declared at the launch, recognizing India’s potential as a bastion of authentic luxury and heritage craftsmanship.
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