Landmark case · Intellectual Property Law · Semester 4

Khoday Distilleries Ltd. v. Scotch Whisky Association

(2008) 10 SCC 723 · Supreme Court of India

A mark alleged to evoke Scotch whisky may still survive if delay, acquiescence and the overall impression of the mark do not make deception likely.

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Related sections:

Geographical Indications of Goods (Registration and Protection) Act, 1999, 2(1)(e) — Geographical indication
Geographical Indications of Goods (Registration and Protection) Act, 1999, 9 — Prohibition of registration of certain geographical indications
Geographical Indications of Goods (Registration and Protection) Act, 1999, 21 — Rights conferred by registration
Geographical Indications of Goods (Registration and Protection) Act, 1999, 22 — Infringement or passing off of registered GI