BROWN-FORMAN DISTILLERY, INC. vs BREWHOLIK PRIVATE LIMITED AND ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Order reserved on: 30.03.2026 Order delivered on: 02.04.2026 + CS(COMM) 1394/2025, I.A. 32351/2025 & I.A. 2059/2026 BROWN-FORMAN DISTILLERY, INC. .....Plaintiff versus BREWHOLIK PRIVATE LIMITED & ANR ....Defendants Advocates who appeared in this case: For the Plaintiff : Ms. Shwetasree Majumder, Mr. Rohan Krishna Seth and Mr. Ritwik Marwaha, Advocates. For the Defendants : Mr. J. Sai Deepak Senior Advocate with Mr. Kapil Midha, Ms. Sindhoora Ravindran, Mr. Garv Singh, Ms. Vartika Gautam and Mr. Abhishek, Advocates for D-1. CORAM: HON’BLE MR. JUSTICE TUSHAR RAO GEDELA ORDER TUSHAR RAO GEDELA, J. I.A. 2059/2026 (By D1 seeking necessary directions) 1. Present application has been filed on behalf of defendant no.1 (hereinafter referred to as “the defendant”) under Section 151 of Code of Civil Procedure, 1098 (‘CPC’) seeking necessary directions. 2. Brief background leading to the filing of this application are as under:- a. Defendant claims to import whiskey under the brand “OLD FORESTER BLENDED RESERVE WHISKY”, which is Signature Not Verified Digitally Signed By:YASHRAJ CS(COMM) 1394/2025 Page 1 of 15 Signing Date:02.04.2026 17:57:08 manufactured and bottled by a company namely M/s Yeti Distillery (P.) Ltd., having its registered office at Nepal. It is claimed that M/s Yeti Distillery (P.) Ltd. is the owner of the trademark “OLD FORESTER” in Nepal and holds valid registrations for the same. b. It is claimed that M/s Yeti Distillery (P.) Ltd. and defendant executed a Sale and Purchase Agreement dated 08.11.2023 for import, sale and distribution of the whiskey under the brand name “OLD FORESTER BLENDED RESERVE WHISKY” and other brands in the territories of India. Pursuant to the said Agreement, defendant claimed to obtain all requi