Himachal Pradesh High Court Restrains Sale Of "Old Mist" Coffee-Flavoured Rum In Trademark Infringement Suit By "Old Monk" Brand Owners

The Himachal Pradesh High Court has granted an ex parte ad interim injunction in favour of Mohan Meakin Limited, the owner of Old Monk/Old Monk Coffee. The Court restrained Eston Roman Brewery & Distillery Pvt. Ltd from selling its coffee-flavoured rum under the mark “OLD MIST ”, till further orders, finding that the product was substantially similar to the plaintiff's registered trademark.

Justice Ajay Mohan Goel held: “Prima facie it appears that there is an infringement of the trade mark of the plaintiff by the defendant on account of the similarity of the product of the defendant vis-à-vis the registered trade mark and the identity thereof as well as similarity of the goods vis-à-vis that of the plaintiff. This Court further is of the considered view that in these circumstances, if the infringement is allowed to continue, it is likely to cause confusion on the part of the public and defendant obviously would be in a position to pass off its product as that of the plaintiff.”

The plaintiff, Mohan Meakin Limited, is one of India's oldest liquor companies and the world's third-largest rum manufacturer, with breweries in various parts of the country, including Himachal Pradesh. The company's trademark “Old Monk Coffee” was registered on June 9, 2022, and is valid until November 22, 2031.

In June 2025, the plaintiff found out that the defendant, Eston Roman Brewery & Distillery Pvt. Ltd, a company incorporated in July 2023, was manufacturing, supplying, and distributing coffee-flavoured rum under the mark “OLD MIST” without having any registered trademark.

The plaintiff contended that the product of the defendant was very similar in name and appearance to that it could cause confusion among the consumers, who might assume that “OLD MIST” is associated with the “Old Monk Coffee” brand.

Thus, the Court restrained the defendant from selling or distributing the infringing product, i.e. The Old Mist Coffee Rum itself or through their representatives, distributors, employees, etc.

The plaintiff was required to serve the order along with supporting documents to the defendants in compliance with Order 39 Rule 3 CPC.

The matter is listed next on 08.09.2025.

Case Name: Mohan Meaking ltd. V/s Eston Roman Brewery & Distillery Pvt. Ltd.

Case No: Commercial Suit No. 07 of 2025

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