The Delhi High Court has issued an interim injunction restraining Cartel Bros Pvt Ltd, a company backed by Bollywood actor Sanjay Dutt, from using the word 'Godfather' for its whisky products. The order was passed on June 22, 2026, by Justice Tushar Rao Gedela during the pendency of a trademark infringement lawsuit filed by Devans Modern Breweries Ltd.
Court's Findings on Trademark Rights
Justice Gedela observed that Devans Modern Breweries has been manufacturing beer under the mark 'Godfather' for the last 40 years, and the material on record demonstrated that the mark is exclusively associated with the plaintiff alone. The court noted that even if Cartel Bros had no mala fide intention in adopting the word, it could still obtain unfair advantage from the plaintiff's goodwill and affect the distinctive character or repute of the trademark.
The judge stated, "Thus, on a cumulative and holistic appreciation of facts, prima facie, it appears that the plaintiff is entitled to an ad-interim injunction restraining the defendants from using the mark 'Godfather' or other forms like 'Godfather's' in respect of the product -- whisky, manufactured by the defendants during the pendency of the present suit."
Arguments from Both Sides
The plaintiff, Devans Modern Breweries, argued that it manufactures world-class alcoholic beverages under various popular brands, including 'Godfather' and 'Old Vat', and holds a registered trademark for 'Godfather'. It claimed that the defendant dishonestly adopted and used 'Godfather' for its whisky to unfairly ride on its enormous goodwill in the sector.
In response, the defendant submitted that it had no intention to use 'Godfather' as a standalone mark and that it had revised its mark from 'The Glenwalk Blended Scotch Whisky' to 'The Glenwalk Godfather's by Sanjay Dutt'. However, the court found that 'Godfather' remained bold and prominent in the revised mark, and an average consumer was likely to believe that the two products were associated with each other.
Consumer Confusion and Goodwill
The court emphasized the substantial reputation and immense goodwill that the plaintiff's mark 'Godfather' has attained over 40 years. Justice Gedela concluded, "Though the defendant has very fairly attempted to downplay the said mark by using a subscript 'By Sanjay Dutt', yet the emphasis on the word 'Godfather's' does not get diluted and remains a prominent part when looked at from a general consumer's point of view."
The court further noted that a general consumer with average intelligence and imperfect recollection is likely to believe that the defendant's product is somehow associated with or emanates from the plaintiff. As a result, the court directed Cartel Bros to take down all listings, advertisements, posts, and other content bearing the 'Godfather' trademark in relation to its whisky or other alcoholic beverages from all websites, e-commerce platforms, mobile applications, social media platforms, and other online or digital media.
Impact and Next Steps
This interim order will remain in effect until the final disposal of the lawsuit. The case highlights the importance of trademark protection and the potential for consumer confusion even when marks are not identical. The court's decision underscores that a long-standing user of a mark is entitled to protection against any attempt to free-ride on its goodwill, regardless of the defendant's intentions.
