Abstract
Remnants of protectionist instincts would surely welcome Supreme Court of India’s judgment in Khoday Distilleries Limited case. This opinion argues that it would be foolhardy, however, to get high on celebration. The judgment glosses over significant areas of concern. Khoday India started producing ‘Peter Scot’ whisky in 1968 and got a trademark registered. The Scotch Whisky Distillers Association (SWDA), an industry body of distillers, blenders and exporters of Scotch whisky came to know about Khoday’s registration of trade mark in 1974. However, they first sought cancellation of the registered trademark ‘Peter Scot’ on the ground of its deceptive similarity to a foreign mark (Scotch whisky) only in 1986.
Recommended Citation
Singh, Rahul
(2009)
"Is Protecting ‘Peter Scot’ Cutting off the Nose to Is Protecting ‘Peter Scot’ Cutting off the Nose to
Spite the Face? Spite the Face?,"
Indian Journal of International Economic Law: Vol. 2, Article 8.
Available at:
https://repository.nls.ac.in/ijiel/vol2/iss1/8