Bombay HC allows ABD Mansion House launch, grants temporary stay

The Bombay High Court has permitted Allied Blenders & Distillers (ABD) and Dutch distiller Herman Jansen Beverages (formerly UTO) to launch Mansion House brandy and Savoy Club gin in India after a 17-year legal battle with Tilaknagar Industries. It has granted Tilaknagar Industries (TI) a temporary stay to file an appeal, putting the execution of the order on hold for four weeks.

Tilaknagar Industries, which markets and sells Mansion House brandy in India, had accused Kishore Chhabria-led ABD, Herman Jansen Beverages Nederland, and UTO Asia of attempting to pass off their alcoholic beverages under the trademarks Mansion House and Savoy Club. Seeking court’s intervention, TI claimed that while this constitutes trademark infringement, it would confuse consumers in the market. However, dismissing the plea, Justice Riyaz Chagla noted that "there is no apparent similarity between the ABD's label and Tilaknagar's mark" and so ABD's products would compete in a different market segment of high-end alcoholic beverages. It, thus, allowed ABD to introduce its Mansion House-branded products in West Bengal.

“By virtue of the present Court order, the Company’s application has been allowed and the Defendant’s Notice of Motion has been dismissed resulting in grant of leave to the Company to introduce its product in the State of West Bengal under the trademark Mansion House in terms of the label registration secured by the company from the West Bengal State Excise Department,” ABD said in the exchange filing.

However, according to media reports, upon application made by the Counsel on behalf of TI for stay of the said order, “the Court directed that the said order granting leave to ABD shall not come into effect for a period of four weeks and during that period ABD shall not introduce any product with the trademark 'mansion House' into the market, within which period TI can file an appeal from the date of the said order," TI said in its statement. ABD would be allowed to introduce any product under the 'Mansion House' trademark only after that period.

Despite the ruling, Tilaknagar Industries reportedly emphasised that it will continue its uninterrupted use and sale of the Mansion House brand and does not anticipate any immediate financial impact. The company reaffirmed its commitment to protecting its business interests and intellectual property rights as it prepares to challenge the court's decision.