Delhi HC Restrains Sanjay Dutt-Backed Cartel Bros From Using ‘Godfather’ for Whisky
New Delhi:The Delhi High Court has banned actor Sanjay Dutt-backed Cartel Bros. from using the word ‘Dad’ for whiskey during a case filed by Devans Modern Breweries. Justice Tushar Rao Gedela observed that Devans Modern Breweries Ltd had been manufacturing beer under the brand name ‘Baba’ for the last 40 years and the material on record showed that this brand was associated only with it.
The judge said that even if there was no malice in Cartel Bros Pvt Ltd’s adoption of the word, it could take unfair advantage of the goodwill of the former and affect the distinctive character or reputation of the trademark.
“Therefore, after a cumulative and holistic consideration of the facts, prima facie, it appears that the plaintiff is entitled to an interim injunction restraining the defendants from using the ‘Godfather’ trademark or other forms such as ‘The Godfather’ in relation to the whiskey produced by the defendants during the pendency of the present case,” the court said in its provisional order on June 22. he said.
The court ordered Cartel Bros. to remove all postings, advertisements, posts and other content bearing the ‘Godfather’ trademark regarding whiskey or other alcoholic beverages from all websites, e-commerce platforms, mobile applications, social media platforms and other online or digital media.
The plaintiff argued that it produces premium spirits under various popular brands including ‘Godfather’ and ‘Old Vat’ and also has a registered trademark of the ‘Godfather’ brand.
He alleged that the defendant had dishonestly appropriated and used ‘The Godfather’ as whiskey to unfairly increase his immense goodwill in the industry.
The defendant stated that it did not intend to use the mark ‘Godfather’ as an independent mark and had revised its mark from ‘The Glenwalk Blended Scotch Whiskey’ to ‘The Glenwalk Godfather’s by Sanjay Dutt’.
However, the court observed that the ‘Godfather’ was still bold and prominent in the revised mark and that the average consumer was likely to believe that the two products were related.
“Though the defendant has quite fairly tried to disparage the mark in question by using the subheading ‘By Sanjay Dutt’, the emphasis on the word ‘Dad’ is not diluted and remains an important part from the general consumer’s point of view,” the court said. he said.
The court concluded: “It must be emphasized that the plaintiff’s ‘Dad’ brand has gained significant reputation and tremendous goodwill in the market through such use over the last forty years. Therefore, a general consumer of average intelligence and imperfect memory, when perceiving the defendant’s products, even if the product is not the same, is likely to believe that the product is somehow associated with or originates from the plaintiff.”
