Interim stay on distillery from using name Cognac

The Madras High Court today granted an interim stay on a Pudukotai-based distillery from using the name Cognac in any brandy or whisky brand proposed to be manufactured or sold by it.
"Till the matter is resolved by way of mediation or settlement, the court is of the firm view that the (France-based) firm Bereau National Interproffessionel du Cognac is entitled to Protection under Provisions of Geographical Indication Act."
The court was passing interim orders on a petition filed by France-based Bereau National Interproffessionel du Cognac.
The matter relates to KALS Distillers manufacturing and marketing 'French Cognac brandy' in Tamil Nadu for which Tamil Nadu Prohibition and Excise department has given permission on January 11, 2012.

The notification granted permission to manufacture and sell four varieties by name French Cognac Brandy, Aspira Blended French Cognac Brandy, Konige Fusion Blended French Cognac Brandy and Konnigen Blended French Cognac Brandy, to be marketed by state-run TASMAC.
On coming to know of alleged infringement of their brand, the company wrote to the state government with details and said they were granted GI tag given to the French conglomerate.

As they did not receive any reply from government, the company investigated the matter and concluded the permission was given to the distillery which was yet to commence production.
After this, the company repeatedly contacted the government and produced all records pertaining to GI. The prohibition department issued a fresh notification to the effect saying the four permitted products have been re-named.

Not satisfied with the action taken by the department, the company filed a petition to restrain the distillery from infringing the name or brand, for which it had rights and privileges under the GI Act.
Concurring with the submissions made on behalf of the French firm, Justice Sudhakar said the court was of the firm opinion that the applicant is entitled to get protection under the provisions of GI Act.