Supreme Court of India
Khoday Distilleries Limited v. The Scotch Whisky Association and Others
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
2 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the opinion that the 1999 Act will.have no application.
Judgment, page 63
From the headnote
Trade and Merchandise Marks Act, 1958; Ss. 11, 27, 56 and 109/Limitation Act, 1963; Article 137: c Infringement of trade mark - Trade mark 'Peter Scot' - Registration of, in favour of appellant/manufacturer in 1968 - Application for Rectification filed by respondent in 197 4 on ground that it contravenes s.11 of 1958 Act - Rejected by Registrar, Trade Marks - Affirmed by High Court - Correct- , ness of - Held: Application for Rectification was rejected by the Registrar, Trade Marks, which is not a Court - Hence, pro visions u/Article 137 of the Limitation Act not applicable - Deceptively
Authorities it was built on
- 1964 State of Madhya Pradesh v. Bhailal Bhai & Ors.
- 1963 Societe De Traction Et D'electricite Societe Anonyme v. Kamani Engineering Company Ltd.
- 2003 Liverpool and London S.P. and I Asson. Ltd. v. M.V. Sea Success I and Anr.
- 2007 State of Punjab and Ors. v. Bhatinda District Coop. Milk P. Union Ltd.
- 2006 Ramdev Food Products Pvt. Ltd. v. Arvindbhai Rambhai Patel and Ors.
- 1994 Power Control Appliances and Ors. v. Sumeet Machines Pvt. Ltd.
- 2001 Cadila Health Care Ltd. v. Cadila Pharmaceuticals Ltd.
- 2008 Kabushiki Kaisha Toshiba v. Toshiba Appliances Co. and Ors.
- 1983 Swaroop Vegetable Products Industries Etc v. State of U. P. and Others Etc.
Where later benches applied it
- 2025 Pernod Ricard India Private Limited & Another v. Karanveer Singh Chhabra
- 2022 Renaissance Hotel Holdings Inc. v. B. Vijaya Sai and Others
Of those, 1 referred to · 1 not applicable
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