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Intellectual Property Rights Cases: GEOGRAPHICAL INDICATION CASES

1. The Scotch Whisky Association, William Grant and Sons Limited, William Grant and Sons International Limited and William Grant and Sons Distillers Limited vs Golden Bottling Limited
(MANU/DE/1495/2006)

Facts:
The plaintiffs have filed this suit for a permanent injunction to restrain the Defendant to deal with whisky under the name of ‘Red Scot’. The purpose of referring to the Scotch Whisky Act and the Scotch Whisky Order is to show that even in Scotland all whisky’s that are produced need not necessarily fall within the definition of Scotch whisky. The plaintiffs state that they got to know that the defendant was manufacturing as well selling their ‘Red Scot’ which gave an impression that it is Scotch whisky. The plaintiffs then sent them a legal notice asking them not to use the word ‘Scot’. The plaintiffs realized that the red Scot was not available in the market. But, later on after some time they realized that it was being sold again. The plaintiffs submitted that under the WTO TRIPS Agreement, protection is provided for geographical indications in terms of Article 22 thereof. Article 22.1 defines geographical indications as indications, which identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin. Finally in terms of section 67 of the geographical Indications Act the plaintiffs have prayed for damages.

Court held:
That plaintiffs are entitled to damages in furtherance of section 67 of the Act to the tune of Rs. 5,00,000/- and will also be entitled to costs during litigation.

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