In an intellectual property rights case involving Pernod Ricard India's Blenders Pride whisky [Pernod Ricard India Pvt Ltd and Anr vs Karanveer Singh Chhabra], the Supreme Court on Monday asked JK Enterprises, the company that makes London Pride whisky, if they would be willing to alter their trade dress.

A two-week adjournment of the case was imposed by Chief Justice of India (CJI) DY Chandrachud, Justices JB Pardiwala and Manoj Misra, and the counsel for JK Enterprises was ordered to obtain instructions in the regard.

"Why have youchosen the same hue and trade dress, among other things? Find out how to change by getting directions. This Friday week, we will keep it going.Ask yourselves, why did you decide to use 'Pride' suddenly?", the Court asked JK Enterprises.

Background: The Blenders Pride whisky brand's owner, Pernod Ricard India, was presenting a plea to the court. JK Enterprises, an Indore-based firm that produces beverages under the London Pride brand, has been accused by Pernod of infringing on its trademark.Earlier this month, the bench had sent out notice on the matter.The Madhya Pradesh High decision of November 3, 2023, which denied Pernod Ricard India's request to stop selling London Pride whisky, was the basis for the appeal that the top court was considering.

Senior Advocate Dr. Abhishek Manu Singhvi, appearing on behalf of Pernod Ricard, claimed that London Pride's producers were capitalising on the Blenders Pride goods. Abhimanyu Bhandari, speaking on behalf of JK Enterprises (London Pride), said that London Pride was far less expensive and wealthy clients are able to distinguish between London Pride and Blenders Pride with ease, according to Senior Advocate Dr. S Muralidhar, who is also representing JK Enterprises.

The CJI not satisfied with the counsel of JK Enterprises, questioned ,"When someone walks into a store to buy blenders pride, will they only say, 'Pride' or 'London'?"He further questioned the London Pride manufacturers about their adoption of a comparable trade dress.

Pernod Ricard India was represented by Senior Advocate Singhvi in addition to Senior Advocate Mukul Rohatgi and Advocates Hemant Singh, Mamta Jha, Mohit D Ram, Rajul Shrivastav, Monisha Handa, Sambhav Jain, Reha Mohan, and Anubhav Sharma.

In a parallel development, Pernod Ricard India filed a lawsuit alleging trademark infringement against United Spirits, the company that makes whisky under the brand name "Royal Challengers American Pride," and the Supreme Court has already rejected the appeal in September of last year.
(Pernod Ricard India Pvt Ltd and Anr vs. Karanveer Singh Chhabra)