Himachal Pradesh High Court restrains sale of Old Mist rum after Old Monk alleges trademark violation

The Himachal Pradesh High Court on July 9 restrained the sale and distribution of Old Mist coffee-flavoured rum after noting that its similarity with the trademark of Old Monk Coffee rum could mislead consumers and amount to trademark infringement. [Mohan Meaking Limited vs. Eston Roman Brewery & Distillery Pvt. Ltd.].Justice Ajay Mohan Goel passed the ex parte interim order in a commercial suit filed by Mohan Meakin Limited (Old Monk/ plaintiff), the manufacturer of Old Monk and Old Monk Coffee rum, against Eston Roman Brewery & Distillery Pvt. Ltd. (defendant), a company incorporated in July 2023. Old Monk had sought to restrain the defendant from using the ‘Old Mist’ label or any deceptively similar mark. .The Court noted that Mohan Meakin/ Old Monk had registered the ‘Old Monk Coffee’ trademark on June 9, 2022 and that the registration was valid until November 22, 2031. According to Old Monk, the defendant’s product was first discovered on sale in Goa in June 2025 and bore substantial resemblance in name and appearance to its own..It was submitted that the visual and textual similarity between the labels and packaging of the two products was likely to cause confusion among the public. It argued that the infringing product was being sold without any valid trademark registration and that continued sale would amount to passing off..The Court took note of the materials produced, including bottles and labels from both parties, and found the resemblance sufficient to warrant injunctive relief.“Prima facie it appears that there is an infringement of the trade mark of the plaintiff by the defendant on account of the similarity of the product of the defendant vis-à-vis the registered trade mark and the identity thereof as well as similarity of the goods vis-à-vis that of the plaintiff,” the Court said..The bench further held that allowing the sale of the defendant’s product during the pendency of the suit could result in market confusion and unfair advantage to the defendant.“This Court further is of the considered view that in these circumstances, if the infringement is allowed to continue, it is likely to cause confusion on the part of the public and defendant obviously would be in a position to pass off its product as that of the plaintiff,” it observed..Noting that Old Monk had demonstrated a prima facie case and that balance of convenience was in its favour, the Court granted the injunction until further orders. The Court directed the defendant to refrain from selling or distributing Old Mist Coffee Rum, either directly or through distributors, employees or other agents..Old Monk (Mohan Meaking Ltd.) was represented by advocates CA Brijesh, Krisna Gambhir and Arvind Sharma from Remfry & Sagar. .[Read Order]