In a trademark infringement suit initiated by Mohan Meaking Limited, proprietor of the registered mark Old Monk Coffee, the Himachal Pradesh High Court on July 9 passed an ex parte interim order restraining the sale and distribution of the defendant’s coffee-flavoured rum marketed under the label Old Mist. The Court found that the alleged imitation in name and presentation raised a prima facie case of infringement and passing off.
The plaintiff, a manufacturer of liquor products including Old Monk Coffee Rum, alleged that Eston Roman Brewery & Distillery Pvt. Ltd., a company incorporated in July 2023, had launched a competing product under the label Old Mist, bearing marked similarity in trade dress, label design, and nomenclature. It was stated that the impugned product was first discovered in the market in Goa in June 2025. The plaintiff holds a valid trademark registration for Old Monk Coffee, dated 09.06.2022 and valid until 22.11.2031.
It was submitted that the defendant's product lacked trademark registration and was intended to exploit the reputation associated with the plaintiff’s brand. The visual and textual similarity between the two products, it was argued, created a likelihood of confusion and facilitated passing off. The plaintiff also placed on record physical samples and labels of both products to support the claim.
Upon examining the material on record, the Court found merit in the plaintiff’s assertions and observed, “Prima facie it appears that there is an infringement of the trade mark of the plaintiff by the defendant on account of the similarity of the product of the defendant vis-à-vis the registered trade mark and the identity thereof as well as similarity of the goods vis-à-vis that of the plaintiff.”
The Court further noted that continuation of the impugned product in the market during the pendency of the suit could cause public confusion and confer an unfair advantage upon the defendant. It remarked, “This Court further is of the considered view that in these circumstances, if the infringement is allowed to continue, it is likely to cause confusion on the part of the public and defendant obviously would be in a position to pass off its product as that of the plaintiff.”
While concluding that the balance of convenience favoured the plaintiff and that irreparable harm would be caused if the sale was not restrained, the Court directed, “Till further orders, the defendant is restrained from selling and distributing the infringement product, i.e. The Old Mist Coffee Rum themselves or through their representatives, distributor, employees etc.”
Notice has been issued to the defendant, returnable on 08.09.2025.
Case Title: Mohan Meaking Limited v. Eston Roman Brewery & Distillery Pvt. Ltd.
Case No.: Commercial Suit No.07 of 2025
Coram: Justice Ajay Mohan Goel
Advocate for Plaintiff: C.A Brijesh, Advocates Krisna Gambhir and Arvind Sharma
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