NEW DELHI: India’s Supreme Court on Monday dismissed a petition by the company belonging to Sidharth alias Manu Sharma, the convicted murderer in the 1999 Jessica Lal case, over a vodka title dispute against a rival company Radico Khaitan while refusing to set aside a Punjab and Haryana high court order earlier last month.
The top court’s order has dealt a second severe blow on Sharma’s company Picaddily in two successive months
In its order, the apex court’s bench comprising Justice Sanjay Kumar and Justice Alok Aradhe, said, “We are not inclined to interfere with the impugned interim order passed by the High Court”.
“It is for the parties to address arguments before the High Court when the matter is listed. The special leave petition is, accordingly, dismissed. Pending application(s), if any, shall stand disposed of,” the order by bench said further.
Radico Khaitan had launched its flagship vodka “The Spirit of Kashmyr” on May 21 this year, two days before Sharma’s company Piccadily had announced a vodka calling it Cashmir, triggering a title dispute invoked by the controversial Haryana politician.
Earlier on October 10, the Punjab and Haryana High Court had set aside the September 23 injunction by the Karnal District Court that had restrained India’s leading liquor manufacturer Radico Khaitan from using its newly launched premium vodka brand “The Spirit of Kashmyr”.
The High Court’s interim order, delivered on the escalating trademark dispute, had already offered Radico a crucial breathing room, calling into question the plea employed by Piccadily and its promoter, Manu Sharma.
On Monday this week, the Radico Khaitan had deployed a battery of senior Supreme Court advocates including Mukul Rohtagi, Abhishek Manu Singhvi, V Lakshmikumaran, Prashant Philips and Avishkar Singhvi.
Earlier the Punjab and Haryana HC, while staying the earlier injuction by Karnal court, had set the date for hearing on November 13.
“Whether the plaintiff-respondent is entitled to injunction in the Commercial Trade Mark suit when its registered trade mark is ‘Cashmere’ whereas the product sold by the defendant-appellant is in the name of ‘The Spirit of KASHMYR’ and the bottles and labels of the two products are allegedly distinct?”the Punjab and Haryana HC order by Justice Mishra and Justice Kapoor said, as it kept next date of hearing as November 13.
Despite holding a registration, Piccadily had not commercially launched any product under the name “Cashmere” till this year.
Radico Khaitan had launched its flagship vodka “The Spirit of Kashmyr” on May 21 this year, two days before Piccadily announced a vodka calling it Cashmir.
In the court, Radico asserted that Picaddily’s plea was reactionary and anti-competitive.
