Delhi HC restrains Cartel Bros from using GODFATHER as whisky brand name during pendency of trademark dispute with Devans Modern Breweries

The Delhi High Court has restrained Cartel Bros Private Limited, an entity backed by actor Sanjay Dutt, from using the marks "GODFATHER" or "GODFATHER'S" in relation to whisky products during the pendency of the trademark dispute proceedings initiated by Devans Modern Breweries Limited.

In its order, the Court observed that Devans' registrations for the GODFATHER trademark remain valid and enforceable and noted the substantial goodwill and reputation built by the brand over more than four decades. The Court further observed that the mark appears to be exclusively associated with Devans and that the company has continuously promoted and invested in the brand over the years.

The Court also held that beer and whisky are allied and cognate goods, noting that both products are alcoholic beverages, share common trade channels and retail outlets, and operate under a common regulatory framework.

Based on a prima facie assessment of the material placed before it, the Court restrained Cartel Bros from manufacturing, bottling, marketing, selling, offering for sale, advertising, exporting or using the marks "GODFATHER" or "GODFATHER'S" in relation to whisky products during the pendency of the suit.

The Court further directed Cartel Bros to take down all listings, advertisements, posts and other digital content bearing the impugned marks from websites, e-commerce platforms, mobile applications, social media platforms and other online media under their control.

The latest order follows an earlier direction of the Court under which Cartel Bros was directed to defer the commercial launch of the product under the impugned mark and refrain from issuing fresh promotional or social media communications relating to it.

Devans, one of India's leading alcoholic beverage companies, had approached the Court alleging infringement of its registered GODFATHER trademark, one of the country's most recognised beer brands. The company contended that the use of the identical mark for whisky was likely to cause confusion and dilute the distinctive identity and reputation associated with the GODFATHER brand.

Cartel Bros is known for premium brands such as The Glenwalk, a Scotch whisky brand co-founded by movie star Sanjay Dutt; GlenJourneys, a premium single-malt whisky brand by actor Ajay Devgn; and Shelter6, a premium vodka co-founded by music icon and entrepreneur Badshah.

The Court has listed the trademark case between the two companies for further hearing on September 23.