Supreme Court Sends “Officer’s Choice” vs “Original Choice” Trademark to Mediation

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The Supreme Court of India has referred to the long-standing trademark dispute between Allied Blenders and Distillers Pvt. Ltd. (brand: Officer’s Choice) and John Distillers Ltd. (brand: Original Choice) to mediation, marking a major development in one of India’s most prominent liquor-sector IP battles.

A Bench of Justices Surya Kant and Joymalya Bagchi took up the matter, which has been ongoing for over a decade. Both companies hold registered trademarks and had previously filed rectification petitions against each other’s mark before the former Intellectual Property Appellate Board (IPAB).

In 2013, the IPAB dismissed both petitions, holding that the marks were not deceptively similar enough to mislead consumers. However, on November 7, 2025, the Madras High Court ordered rectification of the Original Choice trademark, stating that the mark had been in a continuous state of disturbance.

During the latest hearing, John Distillers presented bottle and tetra-pack samples of both brands, arguing it had established an independent market identity. Allied Blenders countered that the conflict was not about infringement but about the validity and rectification of registered marks—emphasising that coexistence of near-identical word elements like “Choice” creates commercial conflict.

To avoid prolonged litigation, the Supreme Court has appointed former Justice L. Nageswara Rao as mediator to facilitate a settlement between the parties.

Senior advocates Mukul Rohatgi and Shyam Divan represented John Distillers, while Allied Blenders was represented by senior advocates Harish Salve, Abhishek Manu Singhvi and supporting legal teams.

The mediation proceedings are expected to begin soon, potentially paving the way for a landmark resolution in India’s trademark jurisprudence.

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