Sanjay Dutt-backed Cartel Bros restrained from using 'Godfather' whisky name

• Dushyant Sharma
• 25 Jun 2026
• 39 Views

On 22 June 2026, the Delhi High Court issued an ad interim injunction against Sanjay Dutt-backed Cartel Bros Pvt Ltd to prohibit use of word Godfather for its whisky during pendency of trademark lawsuit filed by plaintiff Devans Modern Breweries Ltd. 

In its interim order, the court gave instructions to defendant Cartel Bros to remove all online listings, advertisements, posts and other content that reference the Godfather mark in relation to its whisky or any other alcoholic beverages it produces. 

HC Recognizes Long-Standing Goodwill of Godfather Brand 

Justice Tushar Rao Gedela noted that the plaintiff has been producing beer under the Godfather mark for the past 40 years. This indicates that the brand is exclusively associated with them. The court emphasized that even if defendant did not have any malicious intent in adopting the term, it could still gain an unfair advantage from the plaintiff’s goodwill as well as negatively impact the distinctiveness/reputation of their trademark. 

The plaintiff informed the court that it manufactures alcoholic beverages under several well known brands like Godfather and Old Vat and that it holds a registered trademark for Godfather. The company claimed that Cartel Bros had dishonestly adopted and used Godfather for its whisky so as to unfairly capitalize on its goodwill in the industry. 

Consumer Confusion Likely Despite Modification 

The defendant, on the contrary, had asserted in the court that it did not plan to use Godfather as a standalone mark and had modified its label from "The Glenwalk Blended Scotch Whisky" to "The Glenwalk Godfather's by Sanjay Dutt." The court stated that the mark Godfather, even in its revised form, continued to remain bold as well as prominent. As a result, the average consumer would likely believe that the two products were connected to each other. 

Therefore, after considering all the facts, it appeared prima facie that the plaintiff was entitled to a temporary injunction preventing the defendants from using the mark Godfather or variations such as Godfather's in relation to the whisky produced by the defendants during the pendency of lawsuit.

The judge also pointed out that although the defendant attempted to downplay the mark by adding the subscript 'By Sanjay Dutt,’ the emphasis on the word 'Godfather's' remained prominent from the perspective of a general consumer. 

The court concluded that the plaintiff's mark had acquired massive recognition and significant goodwill over the past four decades. As a result, a consumer with average intelligence and imperfect memory is likely to believe that the defendant's product is somehow connected with the plaintiff.

Source: India Today News