New Delhi

The Delhi High Court has temporarily barred actor Sanjay Dutt-backed Cartel Bros from using the term “Godfather” for its whisky brand while a trademark dispute filed by Devans Modern Breweries is under consideration.

Justice Tushar Rao Gedela noted that Devans Modern Breweries has been producing beverages under the “Godfather” name for nearly four decades and that the mark is strongly identified with the company in the alcoholic beverages market.

The court observed that even in the absence of any alleged malicious intent, Cartel Bros’ use of the name could potentially benefit from the goodwill established by the older brand and may dilute its distinct identity.

In its interim order dated June 22, the court stated that, based on a preliminary assessment of the facts, Devans Modern Breweries was entitled to protection and an ad-interim injunction was necessary. The court restrained the defendants from using “Godfather” or similar variations for their whisky products during the ongoing proceedings.

The court also directed Cartel Bros to remove all online presence associated with the disputed branding, including advertisements, product listings, social media posts, and other promotional material across digital platforms and e-commerce sites.

Devans Modern Breweries argued that it is a well-established manufacturer of alcoholic beverages and holds registered rights over the “Godfather” trademark. It alleged that Cartel Bros had deliberately adopted the name to capitalise on its long-standing reputation.

In response, Cartel Bros claimed it had no intention of using “Godfather” as an independent trademark and had modified its branding from “The Glenwalk Blended Scotch Whisky” to “The Glenwalk Godfather’s by Sanjay Dutt.”

However, the court found that the word “Godfather” still remained prominently visible in the revised label, which could mislead consumers into believing a connection between the two products.

The judge observed that despite the addition of “By Sanjay Dutt,” the prominence of the disputed term was not reduced, and the average consumer could still associate the new product with the established brand.

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The court further noted that Devans Modern Breweries’ trademark had built significant goodwill and recognition over the years. It concluded that a consumer with imperfect recollection could reasonably assume an association between the two brands, even if the products were not identical.