Supreme Court sends Officer’s Choice and Original Choice trademark dispute to mediation

Noor Mohmmed

    19/Nov/2025

  • The Supreme Court has directed Allied Blenders and John Distilleries to explore a mediated settlement, appointing former judge L Nageswara Rao as mediator for the Officer’s Choice and Original Choice trademark dispute.

  • The court suggested mediation after hearing extensive arguments from senior counsels, requiring both parties to contact the mediator immediately and begin discussions within the week on priority.

  • The long-running trademark litigation involving Officer’s Choice and Original Choice will return to court on 8 December 2025 after the mediation attempt, with both companies expected to cooperate fully.

The long-standing trademark battle between Allied Blenders and Distillers Limited (ABDL) and John Distilleries Private Limited (JDPL), two major players in the Indian spirits sector, has taken a significant turn following a new development in the Supreme Court of India. In a recent order dated 17 November 2025, the Court directed both parties to attempt an amicable settlement through mediation, marking a fresh step in a dispute that has been active for more than a decade. The case centres on the rival trademarks Officer’s Choice and Original Choice, two popular whisky brands with strong presence in the Indian market.

The Supreme Court’s order comes after the Madras High Court, earlier in November 2025, ruled in favour of ABDL by allowing its writ petition and cancelling JDPL’s registration of the Original Choice label. Simultaneously, the High Court dismissed JDPL’s writ petition seeking cancellation of ABDL’s Officer’s Choice label. This decision followed years of legal proceedings that began before the Intellectual Property Appellate Board (IPAB) in 2013, where both companies had filed cross-rectification petitions against each other’s trademarks.

Background and Legal Journey

To understand the significance of the Supreme Court’s latest directive, it is necessary to examine the broader background of the dispute. Both Officer’s Choice, owned by ABDL, and Original Choice, owned by JDPL, are prominent whisky brands sold across India. Their names and label designs share some similarities, which the companies argued could potentially lead to consumer confusion. In 2013, both parties approached the IPAB seeking rectification of each other’s trademarks. Each company claimed that the other’s trademark was deceptively similar and could mislead consumers.

After evaluating the submissions, the IPAB ruled that the two marks were not deceptively similar and dismissed both rectification applications. Dissatisfied with the ruling, both companies filed writ petitions before the Madras High Court. These petitions remained pending for several years due to administrative transitions, restructuring of appellate bodies, and heavy judicial workload.

The breakthrough came in November 2025, when the High Court set aside the IPAB order and accepted ABDL’s challenge, resulting in the cancellation of JDPL’s Original Choice label. Meanwhile, JDPL’s petition challenging ABDL’s Officer’s Choice label was dismissed. This critical judgment tilted the legal balance in favour of ABDL and triggered JDPL’s appeal to the Supreme Court.

Supreme Court Hearing and Observations

When the matter was taken up on 17 November 2025, the Supreme Court bench comprising Justice Surya Kant and Justice Joymalya Bagchi heard extensive arguments presented by an impressive array of senior advocates representing both sides. Appearing for JDPL were renowned legal professionals including Mukul Rohatgi, Shyam Divan, Sanjay Jain, and Manmohan Singh, while ABDL was represented by prominent senior advocates such as Harish Salve, Abhishek Manu Singhvi, Neeraj Kishan Kaul, Akhil Sibal, and Puneet Bali.

After hearing the legal submissions, the bench noted that the dispute involved complicated trademark issues, branding considerations, and long-term commercial implications. It also observed that both parties held influential positions in the Indian liquor industry, and the prolonged litigation had implications not just for the companies, but also for the wider marketplace.

During the course of the hearing, the bench suggested that both companies should attempt mediation. The judges emphasised that mediation could lead to a mutually beneficial resolution, preserve business relationships, and reduce the heavy burden of prolonged litigation. Interestingly, both parties agreed to the suggestion without hesitation, showcasing their willingness to consider an out-of-court settlement.

In its order, the Supreme Court appointed Hon’ble Mr Justice L Nageswara Rao, a former judge of the Supreme Court, as the mediator. The Court directed both parties to contact the mediator on the same day and asked him to schedule a preliminary meeting within the week. The judges also highlighted the urgency and asked the mediator to make every possible effort to conclude the process as early as possible.

Compliance and Disclosure by ABDL

Following the Supreme Court’s order, Allied Blenders and Distillers Limited submitted an official disclosure to stock exchanges under Regulation 30 of the SEBI Listing Obligations and Disclosure Requirements (LODR) Regulations, 2015. This disclosure included a summary of the Supreme Court order, the details of the court-mandated mediation process, and the timeline for next steps.

ABDL clarified that the Supreme Court’s order had been received from the official website of the Court on 18 November 2025. The company further emphasized that the order was self-explanatory and confirmed that both parties were directed to initiate communication with the mediator immediately.

Implications for Both Companies

The ongoing dispute has significant implications for both companies as they are among India’s prominent spirit manufacturers with strong market presence. Officer’s Choice has historically been one of the highest-selling whisky brands in India, while Original Choice also commands considerable market share. Any legal uncertainty around branding could influence consumer perception, distribution strategies, and advertising decisions.

The Supreme Court’s decision to refer the matter to mediation means both companies may now seek a middle ground that safeguards their brand value and avoids prolonged litigation. Mediation may also help them explore solutions such as coexistence agreements, label modifications, or clear demarcation of market identity. Such options may be preferable to court-imposed decisions, which often leave one side more dissatisfied than the other.

What Happens Next

The Supreme Court has listed the matter for further hearing on 8 December 2025, which indicates that the court expects an update on the mediation process by then. Although mediation does not guarantee a settlement, the willingness of both companies to engage in the process is seen as a positive step. The involvement of a respected former judge as mediator enhances the prospects of a constructive outcome.

If mediation leads to a settlement, the Supreme Court may take the agreement on record and dispose of the litigation accordingly. If mediation fails, the Court will continue to hear the matter and deliver a judgment on the merits.

Larger Impact on Trademark Litigation in India

This case also draws attention to the broader issue of trademark disputes in India, particularly in sectors where product similarity is common. The liquor industry, with its extensive range of brands and fierce competition, has witnessed multiple trademark battles over the years. The Supreme Court’s encouragement of mediation reflects a growing recognition of alternative dispute resolution mechanisms as a means to reduce litigation and promote faster, business-friendly resolutions.

The appointment of an experienced mediator also sends a message that commercial disputes, especially those involving brand identity and consumer perception, are often better handled outside a strictly adversarial legal framework.

Conclusion

The Supreme Court’s intervention marks a significant development in the long-standing dispute between Allied Blenders and Distillers Limited and John Distilleries Private Limited. By steering the parties toward mediation, the Court has opened a new pathway for resolving trademark conflicts through dialogue, collaboration, and mutually beneficial negotiation. As both companies prepare for the mediation process, the industry will closely watch the outcome, hoping for a settlement that balances legal clarity with commercial fairness.


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