In a surprising turn of events, the Chief Justice of India, DY Chandrachud, found himself amused during a recent court hearing involving a trademark violation dispute between liquor companies. The three-judge bench, led by CJI Chandrachud, was addressing an appeal against the Madhya Pradesh High Court's decision, which rejected Pernod Ricard's plea to prevent an Indore-based company, JK Enterprises, from producing beverages under the brand name 'London Pride.'

The courtroom drama unfolded when Senior Advocate Mukul Rohatgi, representing one of the parties, requested permission to bring two whiskey bottles into the courtroom. As the bottles were placed on the advocate's table, CJI Chandrachud couldn't help but burst into laughter, asking, "You brought bottles with you?"

Rohatgi, undeterred, explained that the bottles were crucial to illustrate the similarities between the products in question, emphasizing the alleged trademark violation. The Chief Justice, still amused, acknowledged the uniqueness of the situation, stating, "The issue is about the trade dress here. One of my judgments in Bombay has this aspect covered wherein the shape of the bottle was involved."

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Following this unusual display, the bench issued a notice,  scheduling a further hearing in two weeks. The notice comes in response to Pernod Ricard's appeal, which claims that JK Enterprises has infringed on the 'Blenders Pride' trademark and the appearance of the 'Imperial Blue' bottle by using the 'London Pride' mark, allegedly leading to customer deception.

Notably, the Madhya Pradesh High Court, in its previous ruling, had rejected Pernod Ricard's plea, pointing out that the consumers of premium and ultra-premium whiskies, represented by the two brands, are typically educated and discerning. The court expressed confidence in the consumers' ability to distinguish between the bottles of 'Blenders Pride/Imperial Blue' and those of 'London Pride,' given their literacy and reasonable intelligence.

After the notice was issued by the bench, Rohatgi sought permission to take the whiskey bottles with him, and to this, CJI Chandrachud humorously responded, "Yes, please."

Case: PERNOD RICARD INDIA PRIVATE LIMITED & ANR. vs KARANVEER SINGH CHHABRA,

Petition(s) for Special Leave to Appeal (C) No(s). 28489/2023.

Click to read/download order.