The Himachal Pradesh High Court has passed an ex parte interim order restraining the sale and distribution of “Old Mist” coffee-flavoured rum, following a trademark infringement suit filed by Mohan Meaking Limited, the proprietor of the well-known “Old Monk Coffee” brand.

The order, issued on July 9 by Justice Ajay Mohan Goel, comes in Commercial Suit No. 07 of 2025, in which the plaintiff alleged that the defendant, Eston Roman Brewery & Distillery Pvt. Ltd., had introduced a deceptively similar product under the label “Old Mist” in June 2025, first appearing in markets in Goa.

Mohan Meaking, which holds a valid trademark registration for “Old Monk Coffee” dated June 9, 2022 (valid until November 22, 2031), argued that the defendant’s product not only mirrored its label design and overall trade dress but also intentionally exploited the goodwill associated with the iconic “Old Monk” name. The defendant’s product, the plaintiff contended, lacked any trademark registration.

To support its claims of infringement and passing off, the plaintiff submitted physical samples and product labels, asserting that the similarities were likely to cause confusion among consumers and result in unfair commercial advantage to the defendant.

After reviewing the material on record, the Court observed:

“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... and the identity thereof as well as similarity of the goods vis-à-vis that of the plaintiff.”

The Court further held that allowing the impugned product to remain in the market during the pendency of the suit could cause public confusion and irreparable harm:

“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.”

Considering the balance of convenience and the potential for irreparable loss, the Court restrained the defendant and its agents from selling or distributing the product “Old Mist Coffee Rum” until further orders.

Notice has been issued to the defendant, returnable on September 8, 2025.

• Case Title: Mohan Meaking Limited v. Eston Roman Brewery & Distillery Pvt. Ltd.

• Case No.: Commercial Suit No.07 of 2025

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