KHODAY INDIA LTD. vs SCOTCH WHISKY ASSOCIATION .

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' and that the mark was not distinctive at the commencement of the rectification proceedings. The Court emphasized the importance of distinctiveness in trademark registration and confirmed the lower court's findings regarding the lack of distinctiveness under Section 11 of the Act.