Delhi High Court cracks down on Sanjay Dutt-Backed whisky brand: ‘Godfather’ Name put on hold in major trademark battle

New Delhi: In a significant development in India’s intellectual property landscape, the Delhi High Court has temporarily barred Cartel Bros Private Limited, a company backed by Bollywood actor Sanjay Dutt, from using the trademark “Godfather” for its whisky products.

The interim order came after the Court found merit in the claims made by Devans Modern Breweries, which asserted that it holds longstanding and exclusive rights over the “Godfather” brand name. The company argued that the use of a similar trademark by another liquor manufacturer could create confusion among consumers and dilute the brand’s identity.

Justice Tushar Rao Gedela granted interim protection to Devans Modern Breweries after observing that the company had established a strong prima facie case in support of its trademark rights.

As part of the order, the Court restrained Cartel Bros and its representatives from manufacturing, bottling, marketing, advertising, selling, exporting, or offering whisky products under the names “Godfather”, “Godfather’s”, or any branding that closely resembles the registered trademark.

The Court also directed the company to remove all advertisements, online promotions, social media content, and marketing material carrying the disputed branding until further orders.

Why Is the ‘Godfather’ Trademark So Important?

According to Devans Modern Breweries, the “Godfather” trademark has been in use since 1984 and has become one of the most recognizable names in India’s alcoholic beverage industry. While the brand is widely associated with beer, the company also possesses trademark registrations covering whisky and rum categories.

The brewery argued that decades of continuous usage have helped the brand build substantial goodwill and market recognition. It further maintained that “Godfather” is a distinctive and legally protected trademark, making any similar branding potentially misleading for consumers.

Cartel Bros’ Defence Fails to Convince Court

During the proceedings, Cartel Bros informed the Court that it had already modified its proposed branding. The company stated that it had shifted from “The Godfather” to “The Glenwalk Godfather’s by Sanjay Dutt” and did not intend to use the disputed term as a standalone trademark.

The company also expressed willingness to withdraw its trademark application for “The Godfather” if permitted to continue using the revised label.

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However, the Court was not persuaded by the argument. After comparing the competing trademarks, it observed that the dominant and most recognizable element of the proposed branding remained closely connected to the registered “Godfather” mark owned by Devans Modern Breweries.

The Court noted that the essential feature of the defendant’s branding appeared deceptively similar to the plaintiff’s trademark, increasing the possibility of confusion in the marketplace.

Beer and Whisky: Different Drinks, Same Trademark Concern

A key issue before the Court was whether beer and whisky should be treated as entirely separate products for trademark purposes.

Although acknowledging differences in pricing, consumer demographics, and product characteristics, the Court concluded that both fall within the broader category of alcoholic beverages. It further observed that the products are sold through similar trade channels and operate under the same regulatory framework.

This finding strengthened Devans Modern Breweries’ argument that consumers could associate the whisky brand with its established Godfather trademark.

What Happens Next?

With the interim order now in force, Cartel Bros cannot use the disputed branding for its whisky products until the Court issues further directions.

The case will continue before the Delhi High Court, where both parties will present detailed arguments regarding trademark ownership, brand identity, and consumer confusion. The final outcome could have wider implications for trademark protection and branding strategies within India’s rapidly growing alcoholic beverage industry.