Registration Confers Rights Independent of Use: Delhi High Court Restrains Defendant from Using "GODFATHER" Mark for Whisky, Holds Beer and Whisky Are Allied and Cognate Goods

1. Case Snapshot

Case Name: Devans Modern Breweries Limited vs Cartel Bros Private Limited & Anr.

Citation: CS(COMM) 346/2026

High Court: High Court of Delhi

Bench: Hon'ble Mr. Justice Tushar Rao Gedela

Date of Judgment: 22nd June, 2026

Area of Law: Intellectual Property Law, Trademark Law, Infringement, Passing Off, Interim Injunction

2. Judgment in Brief

The Delhi High Court granted an ad-interim injunction restraining the defendants from using the mark "GODFATHER" or "GODFATHER'S" in respect of whisky manufactured by them. The plaintiff, Devans Modern Breweries, had been using the mark "GODFATHER" for beer since 1984 and had registrations in Classes 32 and 33, including for alcoholic beverages (except beer). The defendant sought to launch whisky under a composite mark containing "GODFATHER'S". The Court held that registration confers exclusive rights under Section 28 irrespective of use, and even if use in Class 33 was limited, the registration remained valid and enforceable. The Court further held that beer and whisky are allied and cognate goods, as both are alcoholic beverages with common trade channels and regulatory frameworks. The Court rejected the defendant's argument that the revised composite mark with "THE GLENWALK GODFATHER'S BY SANJAY DUTT" was sufficiently distinct, finding that "GODFATHER" remained the dominant and essential feature. The Court found prima facie infringement and passing off, and that the balance of convenience favored the plaintiff.

3. Relevant Facts

Plaintiff's Business and Trademark

• The plaintiff, Devans Modern Breweries Limited, was founded in 1961 and is a leading manufacturer of malt, spirits, and beers in India.

• The plaintiff adopted the trademark "GODFATHER" in 1984 for "beers" in Class 32 and has used it continuously for over four decades.

• The plaintiff obtained registrations for "GODFATHER" in Class 33 (alcoholic beverages except beers) in 2005, covering products like rum and whisky.

• The plaintiff claimed sales turnover of Rs. 746 crores for FY 2024-25 and advertisement expenses of Rs. 4 crores.

• The plaintiff placed invoices and CA certificates showing sales of "GODFATHER" beer, rum, and whisky from 2005 onwards.

Defendant's Actions

• The defendant was incorporated in 2022 and sought to launch whisky under the mark "GODFATHER".

• The defendant filed trademark applications for "THE GODFATHER" in Class 33 on a "proposed to be used" basis.

• The defendant's original mark prominently featured "GODFATHER".

• The defendant later proposed a revised composite mark: "THE GLENWALK GODFATHER'S BY SANJAY DUTT" (with the famous actor endorsing the product).

• The Trade Marks Registry objected to the defendant's application citing the plaintiff's mark "GODFATHER".

Defendant's Response to Objection

• In its reply dated 18.02.2026, the defendant argued that the addition of "THE" before "GODFATHER" created a distinct commercial impression.

• The defendant claimed that the marks were entirely dissimilar in essential features, overall getup, pronunciation, and conceptual meaning.

Defendant's Contentions

• The defendant argued that the plaintiff had not used "GODFATHER" for whisky and rum in any meaningful way.

• The defendant claimed that the revised comp

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