09 July 2025 Commercial Suit >> Civil & Consumer Law  

The High Court has issued an interim injunction restraining a newly incorporated company from selling and distributing its "OLD MIST" coffee-flavored rum. This decision comes in response to a petition filed by a leading liquor manufacturer, claiming trademark infringement and passing off of its "Old Monk Coffee" product.

The plaintiff, a pioneer in the liquor industry and the world's third-largest rum manufacturer, presented its duly registered trademark for "Old Monk Coffee," which was registered on June 9, 2022, and is valid until November 22, 2031. The plaintiff's counsel argued that the defendant, incorporated on July 31, 2023, is bottling and labeling its "OLD MIST" rum in a manner strikingly similar to the plaintiff's product, leading to potential consumer confusion. The plaintiff's counsel highlighted that the defendant does not possess any registered trademark for its offending product.

The court was presented with both the plaintiff's and defendant's products and their labels, leading to a prima facie finding of trademark infringement. The court noted the similarity in the product identity and the goods themselves, concluding that allowing the defendant to continue selling "OLD MIST" would likely confuse the public and enable the defendant to pass off its product as that of the plaintiff.

The plaintiff discovered the alleged infringement in June 2025, when the defendant's product was found being sold in Goa.

Considering the plaintiff's prima facie case, the balance of convenience (as the plaintiff holds a registered trademark while the defendant does not), and the potential for irreparable loss to the plaintiff if the infringement continued, the court granted the interim injunction. The defendant, along with its representatives, distributors, and employees, is restrained from selling and distributing "OLD MIST" coffee rum until further orders.

A notice has been issued to the defendant, returnable for September 8, 2025, with the case listed for hearing on the same date.