Delhi High Court: Beer and Whisky Are Allied Goods in GODFATHER Dispute

By Imaduddin

Photo: amiera06 / Pixabay

The Delhi High Court has granted an ad-interim injunction to Devans Modern Breweries, owner of the GODFATHER beer mark since the 1980s, against a newer spirits company that had launched a whisky under GODFATHER and GODFATHER'S, according to a Mondaq analysis published on 2 October 2026. We do not name the defendant because the order is interim.

The court held that beer and whisky are allied and cognate goods. Both are alcoholic beverages sold through the same channels and under the same excise regime, despite large differences in price and alcohol content. It rejected the defence that the mark should be read as part of a composite label, because GODFATHER remained prominent. On non-use, the court relied on Indian Supreme Court authority that a registered proprietor may sue regardless of use, and found prima facie evidence of whisky sales between 2007 and 2013.

The lesson for brand launches is that a clearance search should look at commercially related goods, not just the same Nice class.

Sources

• Mondaq, "Beer And Whisky Are Allied And Cognate: Delhi HC Restrains ... 'Godfather's' Whisky" (2 October 2026)