Court grants interim relief in trademark dispute
The Delhi High Court has restrained Cartel Bros Private Limited, a company backed by actor Sanjay Dutt, from manufacturing, marketing, advertising or selling whisky under the trademarks “Godfather” or “Godfather’s” during the pendency of a trademark infringement suit filed by Devans Modern Breweries Ltd. The interim order was passed after the court found that the disputed branding could infringe upon the long-established “Godfather” trademark owned by Devans.
Court cites decades of goodwill attached to brand
Justice Tushar Rao Gedela observed that Devans Modern Breweries has built substantial goodwill around the “Godfather” brand over nearly four decades. The court held that the trademark enjoys strong consumer recognition in the alcoholic beverages market and deserves legal protection. It further noted that even without any deliberate intent to deceive, the use of an identical or confusingly similar mark by another company could dilute the brand’s distinct identity and mislead consumers.
Cartel Bros had argued that it had modified its branding from “The Glenwalk Blended Scotch Whisky” to “The Glenwalk Godfather’s by Sanjay Dutt” and did not intend to use “Godfather” as a standalone trademark. However, the High Court found that the disputed word continued to remain prominently visible on the label, making it likely that an average consumer could associate the product with Devans’ established brand.
Online promotions also ordered to be removed
In addition to restraining the use of the trademark, the court directed Cartel Bros to remove all digital content carrying the disputed branding. This includes advertisements, product listings, social media posts and promotional material available on websites, e-commerce platforms and other online channels under the company’s control. The court held that continued use of the mark could cause irreparable harm to the plaintiff’s trademark rights and reputation.
Trademark case to continue before Delhi High Court
The legal battle will continue as the Delhi High Court hears the matter further in the coming months. The case highlights the importance of trademark protection in India’s fast-growing alcoholic beverage industry, where established brands rely heavily on consumer recognition and goodwill. The final verdict is expected to provide greater clarity on the scope of trademark rights and branding practices within the sector.
