Supreme court sends whisky warriors to mediation

CHENNAI: India’s supreme court has thrown a lifeline to two feuding liquor giants locked in a bruising trademark battle, ordering them to attempt mediation rather than slug it out in the country’s highest court.
The dispute pits Allied Blenders and Distillers against John Distilleries, with the companies’ “Officer’s Choice” and “Original Choice” whisky brands at the centre of a fight that has wound through tribunals and courts for over a decade. At stake: which distiller gets to keep its valuable trademark, and which must rebrand.

The Madras high court delivered a knockout blow to John Distilleries on 7 November, ordering the cancellation of its “Original Choice” trademark whilst allowing Allied Blenders to keep “Officer’s Choice.” John Distilleries immediately appealed to the supreme court.

But when the special leave petition came up for hearing on 17 November before justices Surya Kant and Joymalya Bagchi, both sides fielded an extraordinary lineup of legal firepower—ten senior advocates between them—suggesting neither was confident of victory. The bench suggested mediation instead.

Both parties “very fairly agreed to take a chance,” according to the court’s order. Justice L. Nageswara Rao, a former supreme court judge, has been tapped as mediator and instructed to conclude the settlement “at the earliest.” The parties were told to contact him the same day to schedule preliminary talks within the week.

The supreme court will review progress on 8 December. If mediation fails, the legal slugfest resumes—with one brand potentially facing oblivion in India’s competitive spirits market.