Old Mist Can’t Ride on Old Monk’s Legacy: Himachal Pradesh HC Halts Sale Over Trademark Clash

In a decisive move to protect legacy trademarks in the liquor industry, the Himachal Pradesh High Court has restrained Eston Roman Brewery & Distillery Pvt. Ltd. from manufacturing or distributing its “Old Mist Coffee Rum,” after finding prima facie infringement of the iconic “Old Monk Coffee Rum” trademark held by Mohan Meaking Limited.

Justice Ajay Mohan Goel, issuing the ex-parte ad interim injunction, observed that “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…”

The plaintiff, Mohan Meaking, one of India’s oldest liquor manufacturers and the third-largest rum producer globally holds a registered trademark for “Old Monk Coffee,” valid until November 2031. It alleged that the recently incorporated Eston Roman Brewery, without any registered trademark of its own, had launched “Old Mist Coffee Rum” in Goa in June 2025 with packaging and branding strikingly similar to that of “Old Monk.”

The plaintiff’s counsel submitted bottle labels and physical samples for the Court’s inspection, asserting that the defendant was attempting to pass off its product by deceptively imitating the established brand’s trade dress.

The Court, agreeing with this contention, held that the similarity in naming, labelling, and product identity was likely “to cause confusion on the part of the public”, adding that the defendant “obviously would be in a position to pass off its product as that of the plaintiff.”

Justice Goel further noted that the “balance of convenience is also in favour of the plaintiff”, and that continuing infringement would result in “irreparable loss” to Mohan Meaking.

Accordingly, the Court restrained Eston Roman Brewery from selling or distributing “Old Mist Coffee Rum” either directly or through agents, distributors, or employees. The interim order is subject to compliance with Order 39 Rule 3 of the Code of Civil Procedure.

The matter will be heard next on September 8, 2025.

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