French liquor manufacturer Pernod Ricard cannot claim exclusive rights over the word 'Imperial', the Supreme Court ruled on Tuesday. Now, Indian firms - Rhizome Distillers, Maurya Distillers and Durga Liquors - can market their whiskey using the word in their brands, the Bench headed by Justice Markandey Katju maintained, upholding the Delhi High Court division bench's decision. Prior to this, a Single Judge had sided with Pernod, restraining domestic manufacturers from using the trademark, Imperial Gold, allowing Pernod's plea that the name was too similar to their popular brands, Imperial Blue and Imperial Red.

Challenging the High Court's verdict, the global alcohol giant, through Senior Counsels Mukul Rohatgi and Sudhir Chandra, had asserted before the apex court that Indian firms adopting a trademark similar to Imperial Red and Imperial Blue would amount to passing-off. Allowing them to do so would encourage infringers and other unscrupulous traders to copy the petitioner's trademark, causing damage to society at large, argued Senior Counsel Mukul Rohtagi. However, the Supreme Court declined to interfere and directed the Trial Court to decide on the suit within three months.

Pernod Ricard's briefing counsel were Advocates Hemant Singh and Mamta Jha of INTTL Advocare, while Managing Partner Pravin Anand and Associate Tusha Malhotra of Anand & Anand instructed Senior Counsels Ranjit Kumar and Arvind Verma on behalf of Rhizome Distilleries.