No Exclusivity in the mark “Imperial” – Supreme Court of India rejects French Liquor company claims.
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.
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.
If you have any query or you require consultation relating to technology and law, simply email us at iprfirm@gmail.com and we will get straight back to you
{ 0 comments… add one now }