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Trademark Turmoil: Deciphering the Legal Landscape in Allied Blenders v. Hermes Distillery

By - King Stubb & Kasiva on February 22, 2024


In the intricate and ever-evolving realm of intellectual property law, recent judicial pronouncements often provide a compelling narrative into the nuanced principles and practical implications governing trademark infringement and passing off. A recent legal saga unfolded before the esteemed Delhi High Court (DHC) in the case of Allied Blenders & Distillers (P) Ltd. versus Hermes Distillery (P) Ltd., offering a profound exploration into the delicate balance between protecting trademark rights and fostering fair competition within the liquor industry.


Central to the dispute lies the longstanding ownership of the trademark ‘OFFICER’S CHOICE PRESTIGE WHISKY’ by Allied Blenders, a prominent liquor manufacturer, dating back to 2013. The emergence of Hermes Distillery’s ‘PEACE MAKER PRESTIGE WHISKY’ label in 2019 served as the catalyst for a legal showdown, with Allied Blenders alleging trademark infringement based on striking similarities in various elements such as brand names, font styles, colour schemes, and design elements.

The legal analysis embarked upon by the DHC delved into the intricate fabric of trademark law, meticulously scrutinizing the contested labels to discern whether the defendant’s product encroached upon the plaintiff’s established trademark rights. At the heart of the judicial inquiry lay the fundamental question of consumer perception and the likelihood of confusion or deception arising from the visual and conceptual similarities between the competing labels.

Employing the discerning eye of the hypothetical ‘average consumer’, the court embarked upon a comprehensive examination of the contested labels, meticulously dissecting each constituent element to ascertain the cumulative impact of their visual and conceptual resonance. While acknowledging the presence of certain disparities, the court ultimately converged upon the overarching conclusion that the combination of shared elements rendered the labels inherently confusing and deceptively similar, thus affirming the plaintiff’s contention of trademark infringement.

Amidst the legal labyrinth, jurisdictional challenges emerged as a formidable hurdle, with the defendant contesting the locus standi of the DHC to adjudicate upon the matter. The court, however, navigated through the jurisdictional thicket with judicious dexterity, affirming its authority based on the defendant’s substantial business presence and commercial activities within the territorial ambit of Delhi.

Conclusion: Navigating the Intellectual Terrain

In conclusion, the legal odyssey traversed by Allied Blenders v. Hermes Distillery encapsulates the myriad complexities and exigencies inherent within the realm of trademark law. As stakeholders and scholars alike navigate through this labyrinthine terrain, a clarion call resounds for a robust and principled adjudicatory framework that upholds the twin pillars of trademark protection and fair competition.

This case, with its multifaceted dimensions and nuanced legal analyses, serves as a potent catalyst for scholarly discourse and introspection, beckoning us to embark upon a collective voyage of discovery and enlightenment within the boundless expanse of intellectual property law.

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