Trademark Clash in Whisky Aisle: Allied Blenders Takes On Hermes Distillery.
15 January 2024
Trademark Laws in India >> Intellectual Property Rights
In a case that could impact branding in the Indian whisky industry, Allied Blenders and Distillers, the makers of the well-known "OFFICER'S CHOICE" brand, have filed a lawsuit against Hermes Distillery Pvt. Ltd. The lawsuit centers on alleged trademark infringement, with Allied Blenders accusing Hermes Distillery of copying the design elements of their "OFFICER'S CHOICE" whisky label for their "PEACE MAKER" brand.
Allied Blenders contends that the overall aesthetic of the "PEACE MAKER" label is too similar to their own, resulting in a likelihood of consumer confusion. The points of contention include the use of a specific color scheme – red, white, and gold – the placement of brand names on the labels, and the incorporation of a gold border.
Hermes Distillery disputes these claims, arguing that the designs are distinct enough to avoid misleading consumers. They point out that similar color combinations and design elements are prevalent throughout the whisky industry. Additionally, Hermes Distillery argues that the design of the "OFFICER'S CHOICE" label itself has lacked consistency over time, weakening Allied Blenders' claims of trademark infringement.
The court is currently deliberating the case, and a final decision on the matter has not been reached. The outcome of this lawsuit has the potential to set a precedent for trademark protection within the Indian whisky market, impacting how brands approach label design and consumer recognition.