Himachal Pradesh High Court Restrains Sale Of ‘Old Mist Coffee Rum’ For Trademark Infringement Of ‘Old Monk’
|A commercial trademark infringement suit was filed by Mohan Meakin, the renowned manufacturer of the Old Monk brand, including its coffee-flavoured variant.
The Himachal Pradesh High Court issued an ex parte interim injunction restraining the sale and distribution of a product named "Old Mist Coffee Rum", after finding that it bore significant resemblance to "Old Monk Coffee Rum", a registered trademark owned by Mohan Meakin Limited.
A Bench of Justice Ajay Mohan Goel held, “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.”
Advocate C.A. Brijesh appeared for the Plaintiff.
A commercial trademark infringement suit was filed by Mohan Meakin, the renowned manufacturer of the Old Monk brand, including its coffee-flavoured variant.
The defendant in the case, Eston Roman Brewery & Distillery Pvt. Ltd., is a company incorporated in July 2023. According to Mohan Meakin, Eston Roman's product was first spotted in Goa in June 2025, and it allegedly shared substantial visual and textual similarities with Old Monk Coffee Rum in terms of name, branding, and packaging. Mohan Meakin argued that such similarities were likely to mislead consumers, causing confusion in the market and amounting to passing off, especially since the defendant lacked any valid trademark registration for the "Old Mist" label.
The Court observed that Mohan Meakin holds a valid trademark registration for "Old Monk Coffee," which was registered on June 9, 2022, and is valid until November 22, 2031. After reviewing the material evidence, including bottles, labels, and packaging from both parties, the Court found that the defendant’s product bore a striking resemblance to the plaintiff’s trademarked product.
“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,” the order stated.
Considering that Mohan Meakin had established a prima facie case, and that the balance of convenience lay in its favour, the Court granted an interim injunction. It directed the defendant and its agents, employees, and distributors to immediately cease all sale and distribution of the "Old Mist Coffee Rum" product until further orders from the Court.
Cause Title: Mohan Meaking Limited v. Eston Roman Brewery & Distillery Pvt. Ltd.
Appearance:
Plaintiff: Advocates C.A. Brijesh, Krisna Gambhir, and Arvind Sharma