Delhi High Court Orders Removal of ‘Captain Blue’ Trademark for Deceptive Similarity with Diageo’s ‘Captain Morgan’
Last Updated on April 18, 2025 by Athi Venkatesh
The Delhi High Court has ordered the removal of the ‘Captain Blue’ trademark from the Trade Marks Registry. The ruling came in favor of Diageo Scotland Limited, the manufacturer of the popular rum brand ‘Captain Morgan.’
Diageo, part of the global Diageo Group, owns several spirit brands. Its ‘Captain Morgan’ range includes variants like ‘Gold’, ‘White Rum’, and ‘Dark Rum.’ Diageo claimed it has used the ‘Captain’ mark in India since 2006 and recorded USD 6.48 million in Indian sales in 2023 alone.
The dispute began when Prachi Verma applied to register ‘Captain Blue’ under Class 33 for alcoholic beverages. The application was filed on a ‘proposed to be used’ basis. Diageo opposed the registration, arguing that the mark was deceptively similar and likely to mislead consumers.
However, the Assistant Registrar of Trade Marks dismissed Diageo’s opposition. The Registrar held that ‘Captain Blue’ appeared distinctive when compared as a whole to Diageo’s mark. Diageo then challenged the decision in the High Court.
Justice Saurabh Banerjee, who heard the appeal, ruled in Diageo’s favor. He noted that Diageo was the prior user and registered owner of the ‘Captain’ trademark. The Court observed that ‘Captain’ had become a source-identifier for Diageo’s products and enjoyed widespread goodwill in India and abroad.
The judge held that adding the word ‘Blue’ did not make the respondent’s mark distinct. The similarity in product type—alcoholic beverages—strengthened the likelihood of confusion among the public. The Court further found that the respondent failed to provide any proof of actual use, commercial intent, or good faith in adopting the mark.
The High Court concluded that the registration was wrongly granted. It set aside the Assistant Registrar’s order and directed the Trade Marks Registry to remove ‘Captain Blue’ from its records.
Diageo Scotland Limited vs. Prachi Verma & Anr.
