Delhi High Court Restrains Launch of ‘Glenwalk Godfather’ Whisky in Trademark Dispute

The Delhi High Court has reportedly restrained Cartel Bros, an entity backed by actor Sanjay Dutt, from proceeding with the launch of its proposed whisky brand, “Glenwalk Godfather,” following a trademark infringement plea filed by Devans Modern Breweries.

The dispute centres on the use of the word “Godfather,” which Devans uses for its established beer brand and other spirits. Devans alleged that Cartel Bros had dishonestly adopted the mark for its proposed whisky, potentially taking unfair advantage of the reputation and goodwill associated with its existing brand.

This case highlights the importance of trademark registration and conducting a comprehensive trademark search before adopting a new brand name. Businesses should also assess the risk of a trademark objection arising from similarities with existing registered marks. Seeking guidance from a qualified Trademark Consultant can help identify potential conflicts and support a smoother trademark registration process.

Background of the Trademark Dispute

Devans Modern Breweries approached the Delhi High Court, alleging that the proposed use of “Godfather” in “Glenwalk Godfather” would infringe its trademark rights.

According to the company, the “Godfather” mark enjoys substantial reputation and goodwill in India and is protected by multiple trademark registrations. It argued that using an identical key brand element for related alcoholic beverages could create consumer confusion and constitute trademark infringement.

The proposed whisky brand combines the name “Glenwalk” with “Godfather.” However, adding another word to an existing trademark does not automatically eliminate the possibility of infringement. The overall impression of the marks and the nature of the competing goods may be relevant to the assessment.

What Does a Court Injunction Mean?

An injunction is a court order that restricts a party from carrying out a specified act. In a trademark dispute, a court may grant interim relief when the applicable legal requirements are satisfied.

In this matter, the reported restraint concerns proceeding with the proposed launch of “Glenwalk Godfather” whisky. It is important to distinguish an interim injunction from a final judgment, as the precise scope and duration of the restraint depend on the court's order and subsequent proceedings.

Conclusion

The reported dispute between Devans Modern Breweries and Cartel Bros demonstrates how the use of a key brand element may lead to litigation when another business claims established trademark rights.

For businesses launching new products, selecting a distinctive mark and conducting a proper trademark search are important steps towards building and protecting a brand. Timely action on trademark objections and proper preparation for trademark hearings are equally important when seeking trademark registration in India.