Devans takes Cartel to high court on 'Godfather'

New Delhi: A bitter war is brewing between two liquor companies over the use of the iconic `Godfather’ trademark. Devans Modern Breweries has filed a case in the Delhi high court against Mumbai-based Cartel Bros, saying that it has dishonestly adopted and infringed its well-established `Godfather’ trademark. In a recent hearing, Justice Tushar Rao Gedela passed an injunction, restraining Cartel from using the trademark till the case is heard on April 10. Simply put, a trademark is a sign, design, or word, that helps consumers recognize the quality or origin of a product, hence acting as a brand protector in the market. Devans is known for its flagship product, Godfather, a beer brand launched in 1984, while Cartel Bros is a premium spirits player with its brand, GlenJourneys. Devans had argued that its beer sold under the Godfather trademark enjoys significant reputation and goodwill, has multiple trademark registrations, thereby precluding Cartel Bros from manufacturing or selling whisky under the identical mark, legal sources told TOI. When contacted, the legal spokesperson for Cartel Bros declined to comment as the matter is sub-judice. According to the order, a copy of which is available with TOI, Cartel said its `Glenwalk Godfather Whiskey’ is already in the distribution channel with retailers in Mumbai and Thane. However, the company agreed to defer the commercial launch of their product until the next hearing, saying that retailers in both the cities have been instructed not to sell the product. The suit was filed under Section 20 of the Code of Civil Procedure, 1908 as well as Section 134 of the Trade Marks Act, 1999. Sources say it was filed when Devans got wind of Cartel’s plan to launch a whisky using the same trademark. "Courts are increasingly looking for practical interim solutions in trademark disputes, and this order is a good example of that approach. While noting the plaintiff’s statutory rights and claim of prior use, the Court recorded the defendant’s statement to pause sales and fresh promotions, helping contain the situation while the competing claims are examined further. It also serves as a reminder that practitioners must advise potential filers about the risks of adopting marks that may belong to existing right holders, particularly for identical or closely-related products," Suhrita Majumdar, partner of the law firm, S Majumdar & Co, representing Devans said. Further, the court also directed Cartel to refrain from issuing any new social media promotions in the interim. The next date of hearing is April 10.