The Delhi High Court dismissed an appeal filed by the Embassy of Peru, refusing to grant it exclusive rights over the alcoholic beverage ‘PISCO’. Upholding a single-judge ruling, a Division Bench of Justices C. Hari Shankar and Om Prakash Shukla held that both Peru and Chile have established legitimate use of the mark and are entitled to protection, subject to clear geographical identifiers.

The Court ruled that Peru must market its product as “Peruvian PISCO”, while Chile’s right to use “Chilean PISCO” remains valid, to avoid consumer confusion. It further observed that Section 9A bars the grant of a standalone GI tag for ‘PISCO’ exclusively in favour of Peru.

Appearances:

For the Petitioner: Senior Advocates Neeraj Kishan Kaul and J Sai Deepak with advocates Prashant Gupta, Jithin M George, R Abhishek and B Sidhi Pramodh Rayudu.