New Delhi: The Delhi High Court has restrained Cartel Bros from launching its whisky under the trademark ‘Godfather’, ruling that the mark had been associated for years with DeVANS Modern Breweries and its beer and other alcoholic beverages.
In his order, Justice Tushar Rao Gedela noted that DeVANS Modern Breweries had used the trademark for over 40 years and acquired substantial goodwill and reputation around the brand.
The case arose after Cartel Bros announced plans to launch a whisky under ‘The Godfather’ brand. DeVANS Modern Breweries challenged Cartel Bros, arguing that the mark was distinctive and had become synonymous with its products. Therefore, it was entitled to heightened protection.
At the centre of the trademark tussle was the argument that the two products were different: one mark was long associated with beer while the proposed brand was being used for whisky.
DeVANS Modern Breweries is the registered proprietor of the trademark “Godfather”, a name it has nurtured since 1984 for beer and later extended to rum and whisky.
However, the judge noted that though beer and whisky differ in strength, taste and trademark classification, they cannot be regarded as unrelated goods.
In trademark law, they are “allied and cognate”, being sold through the same shops, consumed by the same customers and subject to the same regulatory framework.
Consequently, consumers are likely to associate the defendant’s products with those of the plaintiff, leading to confusion and unfairly benefiting from the goodwill already established by the plaintiff.
Trademark tussle: Godfather vs Rookie
On one side in the trademark battle, there’s DeVANS Modern Breweries, the veteran player, proudly waving its trademark ‘Godfather’ as a registered proprietor, a name it has nurtured since 1984 for beer and later extended to rum and whisky. Think of it as the Don of the bar.
On the other side is Cartel Bros, the new kid on the block, eager to launch whisky under the same powerful name. It was a rookie trying to borrow the Don’s glass and hoping nobody notices.
Cartel Bros, incorporated only in 2022, announced plans to launch whisky under ‘The Godfather’, forgetting that the Don doesn’t share his glass.
This distinction, one mark long associated with beer, the other proposed for whisky, became the heart of the dispute.
DeVANS Modern Breweries argued that the mark, being arbitrary and distinctive, had acquired immense goodwill over four decades. With sales exceeding Rs 746 crore in 2024-25 and registrations across multiple jurisdictions, DeVANS Modern Breweries contended that “Godfather” had become synonymous with its products.
Cartel Bros tried to argue that adding “THE” before the mark would make its brand distinctive. Realising the tension, the company revised its trademark application to “The Glenwalk Godfather’s by Sanjay Dutt”.
It said the celebrity endorsement was the true source identifier, not the word “Godfather”.
Suddenly, the whisky wasn’t just wearing the prefix ‘THE’; it was dragging a movie star onto the stage. Their pitch? Forget the Don, it’s all about the celebrity glow.
But the court rejected this defence, noting that “the dominant feature remained ‘Godfather’”, and its emphasis does not get diluted but remains prominent from a general consumer’s point of view.
It said that since DeVANS Modern Breweries has over 40 years of use and has attained substantial reputation and goodwill from the ‘Godfather’ trademark, a consumer encountering another company’s products, even if not identical, is likely to believe the goods are somehow associated with the plaintiff.
On the addition of the apostrophe and the letter S, the court was clear: such stylisation does not alter the dominant impression.
Cartel Bros also used the defence on allied and cognate goods. It insisted that beer and whisky are different products and should not be treated as related for trademark protection.
It argued that DeVANS had not actively sold whisky under the ‘Godfather’ mark for years, lacked excise approvals, and whatever sales existed were limited and negligible.
On that basis, it claimed the plaintiff’s goodwill was confined to beer, not whisky, and therefore the two categories could not be considered allied.
Beer and whisky trademarks are legally distinct because they fall under different trademark classes: beer is registered under Class 32 (non‑alcoholic and low‑alcohol beverages), while whisky and other spirits are registered under Class 33 (alcoholic beverages except beer).
The court underscored that “although beer and whisky fall under different trademark classes, they are, in commercial reality, sold through the same trade channels, consumed by the same class of customers and regulated under the same excise framework”.
It noted that the beer manufactured by the plaintiff, and the whisky manufactured by the defendant appear to be allied and cognate goods.
The high court granted an interim injunction restraining Cartel Bros from using “Godfather” in connection with whisky or any other alcoholic beverage.
It directed Cartel Bros to take down all advertisements and other content bearing the plaintiff’s trademark Godfather or any deceptively similar mark in relation to whisky or other alcoholic beverages from all online or digital media.
It also asked the company to issue necessary takedown requests to third-party platforms where such content has been published.
In the end, the court reminded everyone with a wink: in the kingdom of trademarks, you don’t mess with the Don.
(Edited by Sugita Katyal)
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