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may 2008

Supreme Court of India · 2008-05-27

Khoday Distilleries Limited (Now Known ... vs The Scotch Whisky Association And ...

Citation / case number
AIR 2008 SUPREME COURT 2737
Court
Supreme Court of India
Petitioner
Khoday Distilleries Limited (Now Known ...
Respondent
The Scotch Whisky Association And ...
Author
S.B. Sinha
Bench
S.B. Sinha, Lokeshwar Singh Panta

Judgment text excerpt

The Supreme Court upheld the decision of the Madras High Court affirming the dismissal of the appellant's appeal under Section 109 of the Trade and Merchandise Marks Act, 1958. The Court found that the respondents had locus standi to file for rectification of the trademark 'Peter Scot', while also determining that the mark was distinctive of the appellant's goods. The ruling clarified the interpretation of 'persons aggrieved' under Section 56 and addressed issues related to the maintainability of the application for rectification, ultimately holding that the mark's registration was valid.

Khoday Distilleries Limited (Now Known ... vs The Scotch Whisky Association And ... · Niyam