Supreme Court refuses interim relief to Blenders Pride in trademark dispute against American Pride whisky

The Supreme Court on Wednesday refused to grant interim relief to Pernod Ricard India, which owns the Blenders Pride whisky brand, in a plea alleging trademark infringement by United Spirits which manufactures whisky under the name 'Royal Challengers American Pride.' [Pernod Ricard India Private Limited vs United Spirits Limited].In March 2023, the Punjab and Haryana High Court had dismissed Pernod Ricard India's application for interim relief against United Spirits Limited over the alleged infringement of the trademark, 'Blenders Pride'..A bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia today noted that the High Court order under challenge was on an interlocutory application (IA) and declined to interfere with the same. .Although it refused to grant interim relief, the top court directed the Mohali trial court hearing the trademark suit, to decide on the case within six months. The Supreme Court also flagged concern over the long pendency of the matter after noting that the lower court was yet to frame issues in the suit."We find it strange that even in three years in a matter of this kind, issues have not been framed. We are of the view that it should not take more than six months to conclude the trial and pronounce the judgment. We order accordingly. The concerned district judge at Mohali to proceed accordingly. The trial should proceed expeditiously rather than being a battle over IAs," the bench ordered..The hearing today also saw some lighter moments as the counsel and judges discussed whiskey brewing."I am deciding and opining on this though I do not have the expertise in the subject," Justice Kaul orally remarked.A counsel for Pernod Ricard India, meanwhile, said that consumers were getting confused with the term pride and picking up the competitor's bottle. This prompted Justice Kaul to smile and ask,"Who buys international brand whiskey like this?" Senior Advocate Aryama Sundaram appeared for Pernod Ricard India Private Limited, while Senior Advocate Abhishek Manu Singhvi appeared for United Spirits Limited..The alcohol manufacturing company had moved the High Court through an interlocutory application, to restrain United Spirits from selling goods under the 'Royal Challenger American Pride' mark. They contended that the trademark 'Blenders Pride' was adopted by its predecessor Seagrams Company Limited in 1973, for which it had then obtained registration in 1994.The company's application for registration of the Trademark 'Pride' with the competent authorities was pending, when United Spirits filed an application to register 'American Pride' as a trademark.On the other hand, United Spirits contended that the word 'Pride' is a common English term that cannot be monopolised.The High Court found some force in this contention, and observed,"It is too far stretch ... that by use of the term 'Pride', there could be any misconception or dilution in the mind of the common man on the street, who is the ultimate consumer, which would lead to any confusion."A High Court division bench of Justices Augustine George Masih and Alok Jain had, therefore, declined to grant the relief sought. .This led to the appeal by Pernod Ricard India before the Supreme Court.