The Supreme Court gave notice last week on a petition filed by Pernod Ricard India, the owner of the Blenders Pride whisky brand, alleging trademark infringement by Indore-based JK Enterprises, which makes beverages under the 'London Pride' label.
Senior Advocate Mukul Rohatgi, who was appearing for Pernod Ricard, handed over some empty whisky bottles of both companies to the bench and requested the bench to examine the packaging and labels on them during the hearing before the bench of Chief Justice of India (CJI) DY Chandrachud with Justices JB Pardiwala and Manoj Misra.
At the start of the session, Rohatgi asked the bench for permission to bring the bottles inside the courtroom, which the bench granted after noting that the question of trade dress was involved.
The CJI inquired whether the bottles had been presented before the lower courts as well, to which counsel replied yes and stated that the size of the bottles was identical, which was deceptive to customers.
The Apex Court ordered to give notice on the stay petition and the Special Leave Petition, due on January 19, 2023. Furthermore, Dasti service is permitted.
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