The Delhi High Court ruled that there is no similarity between the labels of world renowned French wines & spirit maker PERNOD RICARD and domestic Real Group of Companies; and thus vacated the stay granted by single judge of the High Court in favor of the French company.
The Court said, “If we compare the two marks, it is clear that the essential features of the two marks are different. Apart from blue bands used at the top and bottom of the label, there is no other similarity in the two marks. The essential feature of the brand of the respondents (Pernod Ricard) is the circle shaded in red with the number “45” which is fused with a set of swirling scrolls/arms on either side. None of these essential features are reproduced in the New brand/mark being used by the appellants (Real Group of Companies).”
Stating that the class of the customers purchasing Pernod Ricard are sophisticated and the chances of confusion in the marketplace are less, the Court said, “In the present case also the product of the respondent (Pernod Ricard) is anise aperitif which is priced at more than INR2,000/- per bottle. The class of customers purchasing the same would be entirely different from the class who would purchase the IMFL whisky of appellant (Real Group of Companies which is priced around INR 60/- per bottle.”