Himachal Pradesh High Court stops sale of Old Mist rum citing similarity with Old Monk Coffee Rum. Court finds prima facie trademark infringement and risk of public confusion.
Shimla: Today, on July 11, the Himachal Pradesh High Court stopped the sale and distribution of a product named Old Mist Coffee Rum, as it closely resembled the well-known Old Monk Coffee Rum.
The order was passed on July 9, 2025, by Justice Ajay Mohan Goel in a case filed by Mohan Meakin Limited, the makers of Old Monk and Old Monk Coffee Rum.
The company approached the court saying that the new product by Eston Roman Brewery & Distillery Pvt. Ltd. looked and sounded very similar to theirs and could confuse the public.
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The court passed an ex parte interim order, meaning the decision was made without hearing the other side yet, due to the urgency and seriousness of the matter.
The plaintiff, Mohan Meakin Limited, stated that the defendant’s company, which was incorporated only in July 2023, started selling a drink called Old Mist Coffee Rum.
They claimed that this product was first seen being sold in Goa in June 2025. According to them, the name and packaging were very similar to their registered trademark Old Monk Coffee Rum, and that could mislead customers into believing the products were connected.
Old Monk Coffee Rum had received trademark registration on June 9, 2022, and it remains valid until November 22, 2031.
Mohan Meakin argued that the defendant was selling Old Mist without any valid trademark registration and that this amounted to “passing off” – a legal term used when one party tries to benefit from the reputation of another’s brand.
The court examined the materials presented by Mohan Meakin, including the bottles and labels from both companies, and found that there was indeed a strong visual and name-based resemblance between the two.
Quoting the court’s observation:
“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.”
Justice Goel further said that if the product of the defendant was allowed to be sold while the case was still being heard, it would create confusion in the market and would give the new company an unfair benefit at the cost of the established brand’s goodwill.
The court stated:
“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 judge also noted that Mohan Meakin had shown a prima facie (on the face of it) strong case and that the balance of convenience was clearly in their favour.
Hence, the court decided to protect their rights by putting an immediate stop to the sale of Old Mist Coffee Rum.
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The court has ordered the defendant company, Eston Roman Brewery & Distillery Pvt. Ltd., not to sell or distribute the rum named Old Mist, whether directly or through any employees, distributors, or agents, until further notice.
The legal team representing Mohan Meakin Limited included advocates CA Brijesh, Krisna Gambhir, and Arvind Sharma from the law firm Remfry & Sagar.
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