CHANDIGARH/NEW DELHI: In a setback to Haryana politican’s alcohol beverage company Piccadily Agro, the Punjab and Haryana High Court on Thursday 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, has offered Radico a crucial breathing room, calling into question the plea employed by Piccadily and its promoter, Manu Sharma.
Sharma, who was had a chequered past following his rigorous jail term over the 1999 cold-blooded killing of a female bartender Jessica Lal, had returned to running his family business after his murder sentence was commuted in 2021.
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The bench of Justice Ashwani Kumar Mishra and Justice Rohit Kapoor stayed the earlier injunction, while observing several “triable issues”.
“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 order by Justice Mishra and Justice Kapoor said, as it kept next date of hearing as November 13.
In the court, Radico Khaitan that was represented by senior Supreme Court advocates Mukul Rohtagi & V Lakshmi Kumaran, argued that it neither sells nor manufactures in Haryana, holds no local excise license, and thus could not have been challenged in Karnal.
“Radico Khaitan a reputed company engaged in manufacture and sale of liquor and has launched the product in the name of ‘The Spirit of KASHMYR’ prior in point of time. In the absence of any evidence of sale of its product in Karnal or anywhere else in the state of Haryana, the instant trade mark suit itself is not maintainable at Karnal. It is further contended that the registration of Trade Mark ‘Cashmere’ in favour of the Picaddily in 2015, is not followed by any launch of product. And hence the Picaddily has no right to claim injunction in respect of the product launched by Radico in the name of ‘The Spirit of KASHMYR’” Rohtagi and Kumaran told the HC.
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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.
Impact on the Industry: Trademark Gamesmanship Under Judicial Lens
Legal experts view the interim order to set a significant precedent in Indian trademark law, particularly in the heavily regulated liquor industry, where brand names are a prized asset and often the subject of speculative litigation.
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“The High Court’s willingness to look beyond registrations and examine actual market conduct suggests a more grounded, commercial approach to IP disputes one that may discourage companies from hoarding or weaponizing dormant trademarks. For Manu Sharma and Piccadily, the interim
order is more than just a legal blow. It raises reputational concerns and puts a spotlight on aggressive, possibly abusive litigation tactics,” said a leading advocate Arpit Batra.
What’s Next: November 13 Hearing Critical
While the HC said that matter requires more consideration, it has now been set for next hearing on November 13.
