Sanjay Dutt-backed firm restrained from using 'Godfather' whisky name
The Delhi High Court has restrained Sanjay Dutt-backed Cartel Bros Pvt Ltd from using the word "Godfather" for its whisky while a trademark suit filed
The Delhi High Court has restrained Sanjay Dutt-backed Cartel Bros Pvt Ltd from using the word "Godfather" for its whisky while a trademark suit filed by Devans Modern Breweries Ltd is pending. In an interim order passed on June 22, the court also directed the company to remove all online listings,, posts and other content carrying the "Godfather" mark in relation to its whisky or other alcoholic beverages. Read Full Story Justice Tushar Rao Gedela said Devans Modern Breweries had been manufacturing beer under the "Godfather" mark for the past 40 years and the material on record showed that the mark was exclusively associated with it.
The court said that even if Cartel Bros had no mala fide in adopting the word, it could still gain unfair advantage from Devans' goodwill and affect the distinctive character or reputation of the trademark. Devans told the court that it manufactures alcoholic beverages under several popular brands, including "Godfather" and "Old Vat", and holds a registered trademark for "Godfather". It alleged that the defendant had dishonestly adopted and used "Godfather" for its whisky to unfairly ride on its goodwill in the sector. Cartel Bros, on the other hand, said it did not intend to use "Godfather" as a standalone mark and had revised its label from "The Glenwalk Blended Scotch Whisky" to "The Glenwalk Godfather's by Sanjay Dutt." The court, however, said "Godfather" remained bold and prominent even in the revised mark, and that an average consumer was likely to believe the two products were linked.
"Thus, on a cumulative and holistic appreciation of facts, prima facie, it appears that the plaintiff is entitled to an ad-interim injunction restraining the defendants from using the mark 'Godfather' or other forms like 'Godfather's' in respect of the product -- whisky, manufactured by the defendants during the pendency of the present suit," the order said. The judge also noted, "Though the defendant has very fairly attempted to downplay the said mark by using a subscript 'By Sanjay Dutt', yet the emphasis on the word 'Godfather's' does not get diluted and remains a prominent part when looked at from a general consumer's point of view." Summing up its view, the court said the plaintiff's mark had gained substantial reputation and immense goodwill over four decades, and that a consumer with average intelligence and imperfect recollection was likely to believe the defendant's product was somehow associated with the plaintiff.
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