In a set back to global alcoholic giant Pernod Ricard SA France, the Supreme Court has rejected its claim of exclusivity over usage of the word ?Imperial?, thus allowing other liquor manufacturers to use it in their respective brands.
A Bench headed by Justice Markandey Katju refused to give any relief to the French liquor firm which had challenged the Delhi High Court?s verdict that allowed Indian firms – Rhizome Distillers, Maurya Distillers and Durga Liquors – to market their whisky brand ?Imperial Gold? under the condition that the word ?Rhizome? be prominently displayed and change packaging to avoid similarity with Pernod Ricard?s Royal Stag brand.
The division Bench of the high court had set aside its single judge?s interim order that restrained domestic manufacturers from using the trademark ?Imperial Gold.?
Stating that the high court erred in holding that Pernod Ricard does not have any exclusivity over the word ?Imperial? which it uses for its popular liquor brands, ?Imperial Blue? and ?Imperial Red?, the foreign manufacturer said that the word ?Imperial?, specially in the alcohol business, had attained secondary meaning which would justify exclusivity.
Senior counsel Mukul Rohtagi, appearing for Pernod Ricard, said that the use of a deceptively similar trademark adopted with dishonest intention to pass off cannot be permitted by mere addition of trade names of the imitator. Rohtagi said the impugned order would open the flood gates for the entire fraternity of infringers and unscrupulous traders to imitate the petitioner?s distinctive trademark, thus causing irreparable damage to the public at large.