Post by Abott Law Office

In trademark related context, in the matter of Devans Modern Breweries Ltd. v. Cartel Bros Pvt. Ltd. (CS(COMM) 346/2026, I.A. 9898/2026, I.A. 9911/2026 & I.A. 10797/2026, the Hon’ble Delhi High Court restrained the defendants from using “GODFATHER”/ “GODFATHER’S” in relation to whisky, holding that Devans Modern Breweries, proprietor of the well-known GODFATHER mark, had established a strong prima facie case of infringement and dilution. The Court rejected the argument that alleged non-use of the mark for certain Class 33 products diluted enforceability and granted an ad-interim injunction pending trial. Key Takeaways from the Order are as following: (1) Mere allegations of non-use do not defeat infringement claims unless the registration is successfully rectified/ cancelled. (2) A pending rectification petition does not weaken an existing registration; until cancelled, the registered mark remains valid and enforceable. (3) Beer (Class 32) and whisky (Class 33) were held prima facie to be “allied and cognate goods”, given their nature as alcoholic beverages, common trade channels and regulatory framework. (4) Classification under different trademark classes is not decisive when assessing similarity or likelihood of confusion; commercial realities matter more. (5) Even within a composite mark, adoption of the essential and dominant feature of a registered word mark may still amount to infringement. (6) The Court noted the likelihood of unfair advantage and harm to the distinctive character and reputation of the plaintiff’s mark. The defendants were restrained from manufacturing, marketing, selling, advertising or otherwise using “GODFATHER” / “GODFATHER’S” for whisky during the pendency of the suit. Ayush Patria Jayant B. Deepak Singh Bharat Bhushan Sumit Wadhva Mani Gambhir