The Indian Supreme Court has dismissed a plea by Pernod Ricard, the owner of Blenders Pride and Imperial Blue whiskies, for an interim injunction against London Pride, a brand from JK Enterprises. The French firm had claimed that London Pride’s name and packaging infringed on its trademarks, alleging consumer confusion due to the shared use of the word “pride” and similarities in trade dress.
Lower courts in Madhya Pradesh had previously ruled against Pernod Ricard, noting that while “pride” was a common element, at least 48 other registered variants existed in the same trademark classes. They also found that the packaging and labels of the two brands were distinct.
The Supreme Court upheld these findings, stating:
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No Identical Marks: The marks “Blenders Pride” and “London Pride” are “clearly not identical.”
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“Pride” is a Common Term: The court declared “pride” to be “publici juris,” or a term of public right, within the spirits industry.
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Distinct Consumers: The whiskies are targeted at a discerning consumer base that is less likely to be confused by the distinct packaging.
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Overall Impression Matters: Deceptive similarity must be assessed by overall consumer perception, not by isolating generic components like “pride.”
The court directed the Commercial Court to proceed with the full trial and conclude the matter within four months. This decision follows a similar setback for Pernod Ricard in September 2023, when the Delhi High Court denied interim relief in a trademark dispute against United Spirits’ Royal Challenge American Pride.
