Mohan Meaking Limited Vs Eston Roman Brewery & Distillery Pvt. Ltd.: 09.07.2025: Commercial Suit No. 07 of 2025: High Court of Himachal Pradesh:Hon'ble Mr. Justice Ajay Mohan Goel
The plaintiff, Mohan Meaking Limited, is one of India’s premier liquor companies, famously known for its "Old Monk" products. It holds a registered trademark for "Old Monk Coffee," registered on 09.06.2022 and valid until 22.11.2031. The defendant, Eston Roman Brewery & Distillery Pvt. Ltd., a company incorporated in July 2023, recently started manufacturing and selling a coffee-flavored rum under the brand name "Old Mist."
The procedural background of the case began when the plaintiff discovered in June 2025 that the defendant had started selling its "Old Mist" product in Goa. Claiming that the defendant's product closely resembled the "Old Monk Coffee" product in both name and packaging, the plaintiff filed a commercial suit and an application for interim relief (OMP No. 940 of 2025). The plaintiff alleged that the defendant was attempting to pass off its goods as those of the plaintiff, leveraging the enormous goodwill associated with the "Old Monk" brand, which the plaintiff claims makes it the third-largest rum manufacturer in the world.
The core dispute revolves around whether the defendant’s use of the mark "Old Mist" for its coffee-flavored rum constitutes trademark infringement and passing off, given the plaintiff's prior rights in "Old Monk Coffee." The plaintiff argued that the similarities in the trade dress, labeling, and phonetic structure between "Old Monk Coffee" and "Old Mist" are likely to cause confusion in the minds of consumers, potentially leading them to believe that the defendant’s product is associated with or endorsed by the plaintiff.
The Court examined the products, labels, and bottled goods of both parties during the hearing. After a close perusal, it observed that the defendant's product packaging and labeling bore a significant resemblance to that of the plaintiff. The Court noted that the plaintiff's trademark was registered while the defendant had no such registration for "Old Mist." It also acknowledged the plaintiff's status as an established and reputed manufacturer in the liquor industry, while the defendant had only recently entered the market.
In its decision, the Court found that a prima facie case of trademark infringement was made out in favor of the plaintiff. The Court concluded that the defendant's actions were likely to cause confusion among consumers and result in passing off, thereby damaging the plaintiff's goodwill and causing irreparable loss. The balance of convenience, the Court held, was clearly in favor of the plaintiff. Consequently, the Court passed an ad-interim injunction restraining the defendant, its representatives, distributors, and employees from selling or distributing the infringing product, namely "Old Mist Coffee Rum," until further orders. The injunction is subject to compliance with Order 39 Rule 3 of the Code of Civil Procedure.
