NEW DELHI: The Supreme Court on Monday referred to mediation a long-running trademark battle between two of India’s largest liquor makers — Allied Blenders and Distillers Pvt. Ltd., the company behind Officer’s Choice, and John Distillers Ltd., maker of Original Choice whisky.
A Bench of Justice Surya Kant and Justice Joymalya Bagchi took up the matter, which has been in dispute for more than a decade. Both companies hold registered trademarks for their respective brands and had approached the erstwhile Intellectual Property Appellate Board (IPAB) seeking rectification of each other’s marks. In 2013, the IPAB dismissed both petitions, holding that the two marks were not deceptively similar and were unlikely to confuse consumers.
However, on November 7 this year, the Madras High Court set aside part of that position and ordered rectification of the Original Choice trademark, finding that it had been in “continuous disturbance”.
During Monday’s hearing, John Distillers presented original bottles and tetra-pack versions of both products before the Bench to highlight the distinct identity it claimed to have built over years of coexistence in the market. Its case centred on the long-standing registration and established presence of Original Choice.
Allied Blenders countered that the dispute was strictly about registration and rectification of marks — not an infringement or passing-off action. The company argued that the overlap in brand architecture, particularly the shared use of the word “Choice”, made coexistence of the two trademarks commercially untenable.
Recognising the commercial significance of the dispute and the possibility of a prolonged legal battle, the Bench suggested that mediation could provide a more effective resolution. It appointed former Supreme Court judge Justice L Nageswara Rao as mediator to help the parties attempt an amicable settlement.
The proceedings saw an array of legal heavyweights representing both sides. The petitioner, John Distillers, was represented by Senior Advocates Mukul Rohatgi and Shyam Divan.
The respondent, Allied Blenders, was represented by Senior Advocates Harish Salve, KC, Dr. Abhishek Manu Singhvi, Neeraj Kishan Kaul, Akhil Sibal, and Puneet Bali, along with teams from Anand & Anand, Karanjawala & Co., and Agarwal Law Associates.
The mediation process is expected to begin shortly.