Delhi High Court Issues Injunction Against ‘Godfather’ Whisky Trademark
In a significant legal development, the Delhi High Court has issued a restraining order against Cartel Bros, a company backed by actor Sanjay Dutt, prohibiting the use of the ‘Godfather’ trademark in relation to their whisky products. This decision comes as a result of a legal challenge initiated by Devans Modern Breweries, which claims longstanding ownership of the trademark.
Justice Tushar Rao Gedela’s Ruling
Presiding over the case, Justice Tushar Rao Gedela granted an interim injunction in favor of Devans Modern Breweries. The order specifically prohibits Cartel Bros, along with its successors, assigns, partners, and directors, from engaging in any manufacturing, bottling, marketing, or advertising activities that involve the ‘Godfather’ or ‘Godfather’s’ trademark, or any similar variations, in relation to whisky. This injunction will remain in effect throughout the duration of the legal proceedings.
Trademark History and Allegations
Devans Modern Breweries, which has held the ‘Godfather’ trademark since 1984 for beer and has registered it for whisky and rum, asserts that the brand has garnered substantial goodwill over the past four decades. The company argues that the trademark is distinctive and warrants robust protection. They further contend that Cartel Bros’ use of the trademark for whisky is likely to mislead consumers and cause confusion.
Cartel Bros’ Defense
In response, Cartel Bros acknowledged the revision of their trademark to ‘THE GLENWALK GODFATHER’S BY SANJAY DUTT’ and stated that they had no intention of using ‘THE GODFATHER’ in isolation. The company even expressed willingness to retract its application for the standalone ‘The Godfather’ trademark, provided they could continue using the revised label. Additionally, Cartel Bros argued that Devans had not actively used the ‘Godfather’ trademark for whisky in recent years.
Legal Representation
Senior Advocate J Sai Deepak, along with a team of advocates including Afzsal B Khan, Suhrita Majumdar, Manosij Mukherjee, Sharad Besoya, Manya Jain, Purnima Vashishtha, and Bal Krishan Singh, represented Devans Modern Breweries in this legal battle. On the other hand, Cartel Bros was represented by Senior Advocate Amit Sibal, supported by Advocates Gaurav Bahl, Ajit N Makhijani, Rajat Jain, Amrita Dubey, and Chayanika Das. Additional legal representation for another defendant was provided by Advocates Prateek Goyal and Gaurav Kathuria.
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The court’s decision highlights the significance of trademark rights and the protection of brand identity in the highly competitive alcoholic beverage industry. As the legal proceedings continue, it remains to be seen how the case will unfold in the coming months.
