IP Case Law › Geographical Indications › Scotch Whisky Association & Anr. v. Pravara Sahakari Shakar …
Relevant Acts and provisions
Trade and Merchandise Marks Act, 1958
Provisions considered: Common law passing off, read with the saving for unregistered marks in Section 27(2) of the Trade and Merchandise Marks Act, 1958.
Brief facts
The Scotch Whisky Association, a body representing Scotch whisky distillers, and a co-plaintiff sued an Indian sugar cooperative that manufactured and sold whisky under a label depicting a kilted Scottish drummer and bearing words suggesting a Scotch blend.
Free to read once you are signed in
Read the rest of this case note
The findings, the decision and the principle the court settled on are below. Create a free account to keep reading. No payment, and nothing to cancel.
Already have an account? Sign in
We use your details to give you access and to contact you about your enquiry. See our privacy policy.
Keywords
Deceptive Similarity Extended Passing Off Geographical Indication Passing Off Transborder Reputation
Read the judgment
More Geographical Indications judgments
Geographical Indications
Asociacion De Productores De Pisco A.G. v. Union of India & Ors.
Where two countries produce admittedly different goods known by the same name, the dispute falls to be resolved under Section 10 of the Geographical Indications Act as one of homonymous geographical indications, which permits and …
Community RightGeographical IndicationHomonymous GIPrior UserGeographical IndicationsTea Board, India v. ITC Limited
A certification trade mark or geographical indication registered for a good protects only that good and does not, without more, extend to use of the certified word for unrelated services; an infringement action under the Geographi…
Certification Trade MarkDilutionGeographical IndicationLimitation