Trademark Dispute Reaches Delhi High Court
The Delhi High Court has issued an interim injunction against Cartel Bros Pvt. Ltd., a company associated with Bollywood actor Sanjay Dutt, preventing it from using the “Godfather” trademark for its whisky products. The order came after a legal challenge filed by Devans Modern Breweries, which claimed long-standing ownership and recognition of the “Godfather” brand in India.
Devans Modern Breweries Claims Trademark Rights
According to court filings, Devans Modern Breweries has been using the “Godfather” trademark since 1984 for its beer products and also holds registrations covering whisky and rum. The company argued that the brand has built significant goodwill and consumer recognition over the last four decades.
Devans alleged that Cartel Bros’ proposed use of the same name for whisky could mislead consumers and create confusion in the market. The company further contended that “Godfather” is a distinctive trademark deserving strong legal protection under Indian trademark laws.
Court Orders Immediate Restrictions
Justice Tushar Rao Gedela found that Devans had established a prima facie case and granted interim relief. The court restrained Cartel Bros and its representatives from manufacturing, bottling, marketing, advertising, exporting, or selling whisky under the names “Godfather,” “Godfather’s,” or any deceptively similar variation until further orders.
The court also directed the company to remove advertisements, social media posts, listings, and promotional content containing the disputed trademark from all platforms.
Cartel Bros Defends Revised Branding
During the proceedings, Cartel Bros informed the court that it had already modified its branding strategy. The company stated that it intended to market the product under the label “The Glenwalk Godfather’s by Sanjay Dutt” instead of using “The Godfather” as a standalone trademark.
The company further offered to withdraw its application for the standalone “The Godfather” mark and argued that the revised label should be considered as a whole. Cartel Bros maintained that the inclusion of Sanjay Dutt’s name significantly differentiated the product from Devans’ branding.
Court Rejects Key Arguments
The High Court was not convinced by these submissions. It observed that the word “Godfather” remained the dominant and essential feature of the branding. The court also rejected the argument that Devans had lost protection due to limited use of the mark for whisky in recent years.
The judge emphasized that valid trademark registrations continue to enjoy legal protection unless they are formally cancelled or rectified. The court also held that beer and whisky are allied and related products because they belong to the alcoholic beverage category and often share similar trade channels and consumers.
What Happens Next?
The interim injunction will remain in force while the trademark infringement and passing-off suit continues. The case highlights the importance of trademark protection in India’s growing alcoholic beverage industry and serves as a reminder that well-established brands can seek legal remedies against potentially confusing market entries.
Legal experts believe the final outcome could have wider implications for branding practices within the liquor industry, particularly where established trademarks and celebrity-backed ventures intersect.
