Himachal Pradesh High Court Restrains Sale Of "Old Mist Coffee Rum" For Similarity With "Old Monk Coffee Rum”

Himachal Pradesh High Court Restrains Sale Of "Old Mist Coffee Rum" For Similarity With "Old Monk Coffee Rum”

Introduction

The Himachal Pradesh High Court has granted an ex parte interim injunction restraining the sale and distribution of a product named "Old Mist Coffee Rum", which bore significant resemblance to "Old Monk Coffee Rum", a registered trademark owned by Mohan Meakin Limited.

Factual Background

Mohan Meakin Limited, the renowned manufacturer of the Old Monk brand, including its coffee-flavored variant, filed a commercial trademark infringement suit against Eston Roman Brewery & Distillery Pvt. Ltd., alleging that its product shared substantial visual and textual similarities with Old Monk Coffee Rum.

Procedural Background

The plaintiff filed a commercial trademark infringement suit before the Himachal Pradesh High Court, seeking urgent relief against the defendant's product. The Court considered the plaintiff's application for an ex parte interim injunction, given the alleged urgency of the matter.

Issues

1. Trademark Infringement: Whether the defendant's product infringed the plaintiff's registered trademark "Old Monk Coffee Rum".

2. Passing Off: Whether the defendant's product was likely to cause confusion in the market and amount to passing off.

Contentions of Parties

Plaintiff's Contentions: The plaintiff argued that the defendant's product shared substantial visual and textual similarities with Old Monk Coffee Rum, which was likely to mislead consumers and cause confusion in the market.

Defendant's Contentions: Not reported, as the defendant did not appear in court.

Reasoning & Analysis

The Court observed that Mohan Meakin holds a valid trademark registration for "Old Monk Coffee," which was registered on June 9, 2022, and is valid until November 22, 2031. After reviewing the material evidence, the Court found that the defendant's product bore a striking resemblance to the plaintiff's trademarked product.

Final Outcome

The bench of Justice Ajay Mohan Goel granted an interim injunction, directing the defendant and its agents, employees, and distributors to immediately cease all sale and distribution of the "Old Mist Coffee Rum" product until further orders from the Court.

Implications

The Court's order highlights the importance of protecting trademark rights and preventing confusion in the market. The order also underscores the role of interim injunctions in preventing irreparable harm to trademark owners.

In this case the plaintiff was represented by Mr. C.A. Brijesh, Mr. Krisna Gambhir and Mr. Arvind Sharma, Advocates.