Old Monk vs Old Mist: Why has Himachal Pradesh HC restrained Old Mist from selling its coffee rum? What next?

The Himachal Pradesh High Court has passed an ex parte interim order to restrain the sales and distribution of Old Mist coffee-flavoured rum.

The high court's order dated July 9 comes following a complaint by Mohan Meaking Limited, the proprietor of the popular “Old Monk ” brand, which has regained attention of late with its own coffee-flavoured rum.

Here is the Old Monk vs Old Mist case explained.

Old Monk vs Old Mist: What is the case?

The dispute between Old Monk maker Mohan Meaking and Old Mist manufacturer Eston Roman Brewery & Distillery arose in June 2025. Around this time, Mohan Meaking discovered that Eston Roman — a relatively new company incorporated in 2023 — was manufacturing, supplying, and distributing a coffee-flavoured rum, a hit for the Old Monk brand.

It further discovered that the coffee-flavoured rum was being sold under the brand name Old Mist, a name similar to Mohan Meaking's star Old Monk brand.

Mohan Meaking filed a lawsuit, arguing that the names “Old Mist” and “Old Monk” sound similar. It accused Eston Roman of mimicking its brand name. It further said the similar names could mislead consumers into thinking that both brands have a connection.

The lawsuit further accused Old Mist of bottling its product and labelling it in such a manner so as to pass it off as Old Monk Coffee, without having a trademark.

What has Himachal Pradesh HC said?

Calling Mohan Meaking a ‘pioneer’ in the liquor industry, a bench of Justice Ajay Mohan Goel at the Himachal High Court observed that Eston Roman Brewery & Distillery is a relatively new company, while the Old Monk maker has a registered trademark of its product Old Monk Coffee valid up to November 22, 2031.

The court observed that the defendant's product was prima facie substantially similar to the plaintiff’s registered trademark, “Old Monk Coffee”, in name as well as appearance.

“In these circumstances, if the infringement is allowed to continue, it is likely to cause confusion on the part of the public and the defendant obviously would be in a position to pass off its product as that of the plaintiff," the order said.

Considering the “balance of convenience” and the potential for “irreparable loss”, the court ordered a restraint on the selling and distribution of Old Mist Coffee Rum, in a win for Old Monk Coffee.

What now?

Following the HC's order, Eston Roman Brewery & Distillery will not be able to sell Old Mist Coffee Rum until further notice.

Meanwhile, Old Monk maker Mohan Meaking has been directed to serve the injunction order along with supporting documents to the defendants, in compliance with Order 39 Rule 3 of the Civil Procedure Code (CPC).