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Supreme Court Questions Whisky Tetra-Packs, Orders Mediation in ‘Choice’ Trademark Dispute

The court sent the decades-old trademark fight to mediation under Justice L. Nageswara Rao.

Overview

  • During a hearing in the Officer's Choice versus Original Choice case, the bench said tetra-pack liquor resembles juice cartons and lacks proper health warnings.
  • Justices Surya Kant and Joymalya Bagchi questioned state approvals, warning that revenue goals are being placed over public health.
  • Counsel produced bottles and tetra-packs in court, prompting concerns that students could easily conceal and carry such packs to schools and colleges.
  • With the parties’ consent, the bench directed expedited mediation led by former Supreme Court judge L. Nageswara Rao in the long-running dispute.
  • The court urged both companies to consider changing packaging elements to reduce consumer confusion, and the parties indicated openness to revisions.