The Supreme Court of India is hearing an appeal by Pernod Ricard India Pvt. Ltd., makers of well-known whisky brands Blenders Pride, Imperial Blue, and Seagram’s, against the use of the mark London Pride by respondent Karanveer Singh Chhabra.
Pernod Ricard alleges that London Pride is deceptively similar to its registered marks, particularly in the use of the word “Pride” and in packaging that resembles Imperial Blue. The company claims the respondent even used bottles embossed with Seagram’s, amounting to infringement and passing off under the Trade Marks Act, 1999. They argue that such similarity can cause confusion among average consumers with imperfect recollection.
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The Commercial Court and the Madhya Pradesh High Court had earlier refused Pernod Ricard’s request for an interim injunction. Both courts found that the marks and packaging were distinguishable and that Pernod Ricard had not shown irreparable harm.
In its appeal, Pernod Ricard contends that established legal principles-like the anti-dissection rule and the dominant feature test-were ignored, and that dishonest adoption of a similar brand name warrants injunctive relief. The respondent, however, maintains that London Pride is a distinct brand with no likelihood of confusion.
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“The test is whether there is a likelihood of confusion in the mind of the average consumer - not actual deception,” the court noted while considering the matter.
The Supreme Court’s decision will clarify how trademark similarity is assessed, especially in cases involving partial imitation and brand reputation in the alcoholic beverages market.
Case Title: Pernod Ricard India Private Limited & Another vs. Karanveer Singh Chhabra
Jurisdiction: Civil Appellate Jurisdiction
Case No.: Civil Appeal No. 10638 of 2025 (arising out of SLP (C) No. 28489 of 2023)
Date of Impugned High Court Order: 03 November 2023
