In a recent legal development, the Madhya Pradesh High Court has delivered a verdict favoring JK Enterprises, an Indore-based company, in a trademark dispute with Pernod Ricard. The dispute centered around the use of the 'London Pride' label and allegations of trademark infringement related to Pernod Ricard's 'Blenders Pride' and 'Imperial Blue' brands.
During the proceedings, the court made notable remarks regarding the consumers of premium and ultra-premium whiskey, specifically mentioning scotch whiskey. The court asserted that individuals who consume such beverages are typically well-educated and part of an affluent social class. Furthermore, the court expressed confidence in the ability of these consumers to differentiate between bottles of different brands.
Pernod Ricard had approached the court seeking a temporary injunction against JK Enterprises, claiming infringement on the 'Blenders Pride' trademark and the design of the 'Imperial Blue' bottle. The court, consisting of Justice Sushrut Arvind Dharmadhikari and Justice Pranay Verma, rejected Pernod Ricard's appeal, stating that the overall appearance of JK Enterprises' 'London Pride' mark was not deceptively similar to Ricard's marks. The court emphasized the distinct shapes of the bottles and the easily discernible differences in packaging boxes.
During the hearing, the court noted that Pernod Ricard lacked registration for the colors used in its Imperial Blue mark and any individual component of the design, such as the dome shape. The court also highlighted that the use of the term 'Pride' by JK Enterprises did not lead to any misconception or misapprehension in the consumer's mind.
Affirming the earlier decision of an Indore court that rejected Pernod Ricard's request for a temporary injunction, the High Court directed the trial court to expedite the decision on the suit filed by Pernod Ricard. The directive ensures that the matter is resolved within a period of nine months.
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