SC slams State governments for sale of liquor in tetra packs

The dispute involved a long-standing trademark battle between two liquor giants – the Respondent, M/s. Allied Blenders and Distillers Pvt. Ltd., marketing its whiskey under the name ‘Officer’s Choice,’ and the Petitioner, M/s. John Distillers Ltd., marketing its whiskey under the name ‘Original Choice.’Both companies had registered their respective trademarks. Challenging the grant of a trademark to the other, both had approached the erstwhile Intellectual Property Appellate Board (IPAB) seeking rectification of the mark used by the other. The IPAB, however, in a common order in 2013, dismissed both petitions, observing that the two marks were not deceptively similar and were unlikely to confuse the public.Later, the Madras High Court, by an order on November 7, 2025, held the Petitioner’s mark ‘Original Choice’ to be in continuous disturbance and directed its rectification.Following this, John Distillers Ltd. (Petitioner) moved the apex court challenging the High Court order.To give the Court a comparative sense of the competing branding, the petitioner placed before the Bench the original bottles of both products, followed by their tetra pack versions. The main argument of the Petitioner’s case was the registration of its mark and its coexistence in the market for years, which had contributed to its distinct identity.The Respondent, on the other hand, clarified that the present case was one of registration and rectification, and not a passing-off or infringement action. Given the overlap in the brand architecture of both marks, especially the use of the word “Choice,” coexistence of the two marks was inconceivable.Observing the nature of the contest and the commercial background, the Court urged that an amicable resolution through mediation may be more effective and accordingly requested Justice Nageswara Rao, former Judge of the Supreme Court, to act as mediator and bring a hiatus to the spirited dispute.



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