Punjab & Haryana High Court Stays Injunction Against Radico Khaitan In 'Kashmyr'-'Cashmir' Trademark Dispute Over Deceptive Similarity

The Punjab and Haryana High Court has stayed an order of the Commercial Court, Karnal which had restrained Radico Khaitan Ltd. from using the mark “Kashmyr” for its liquor products following a trademark suit initiated by Picadilly Agro Industries Ltd., proprietor of the marks “Cashmir” and “Cashmere.” A Division Bench comprising Justice Ashwani Kumar Mishra and Justice Rohit Kapoor passed the order on October 9, 2025 while hearing an appeal filed by Radico Khaitan against the injunction order. Picadilly Agro Industries, manufactures malt spirits and other Indian Made Foreign Liquor (IMFL) brands. The firm claimed that it had conceived the mark “Cashmere” in 2015 for launching premium vodka and obtained registration for the same. It also applied for registration of “Cashmir.” The company claims to have launched its vodka under the brand “Cashmir” in May 2025 after cultivating a special wheat variety used for distillation. Alleging that Radico Khaitan had applied for label registration of “Kashmyr” for vodka before the Uttar Pradesh Excise Department and launched its product in July 2025, Picadilly Agro sought an injunction on the ground that the mark was phonetically identical and likely to confuse consumers. The Commercial Court granted the injunction, restraining Radico Khaitan from manufacturing or selling liquor under the “Kashmyr” label during the pendency of the suit. Radico Khaitan challenged the order, arguing that the Commercial Court lacked territorial jurisdiction since the company neither manufactures nor sells its products in Haryana and has no excise licence in the state. It also contended that Picadilly Agro's “Cashmir” mark was still pending registration and that the Court wrongly presumed it to be registered. The Bench observed that several triable issues arise in the appeal including whether any cause of action arose within Haryana, whether the two marks and their bottle designs are deceptively similar and whether Picadilly Agro could claim prior use of the mark. The Court also noted that it would have to consider whether the Court could have protected Picadilly's interest through less restrictive measures. Until the next hearing, the Bench ordered that the effect and operation of the Commercial Court's injunction will remain in abeyance. The matter will next be listed on November 13, 2025. Case Title: Radico Khaitan Ltd. v. Picadilly Agro Industries Ltd. Case No.: FAO-COM-17-2025 (O&M) Appearance: For the Appellant: Mr. Mukul Rohatgi, Mr. Akshay Bhan, Ms. V. Lakshmi Kumaran, Mr. Prashant Philips, Mr. Veerdhya Singh, Mr. Ritwik Sharma, Mr. Harsh Gupta, Mr. Gurpreet Singh Kahlon and Mr. Dyal Singh Garcha, Advs. For the Respondent: Mr. Puneet Bali, Mr. Siddharth, Mr. Ajay Sahni, Mr. Abhirath Prashar, Mr. Jasman Singh Gill, Mr. Arvind Sandhu, Mr. Amandeep Singh, Mr. Saurabh Khosla, Advs. Click Here To Read/Download The Order

Punjab & Haryana High Court Stays Injunction Against Radico Khaitan In 'Kashmyr'-'Cashmir' Trademark Dispute Over Deceptive Similarity

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Ayushi Shukla

Punjab & Haryana High Court Stays Injunction Against Radico Khaitan In 'Kashmyr'-'Cashmir' Trademark Dispute Over Deceptive Similarity

Ayushi Shukla

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Ayushi Shukla

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