SC reserves verdict on use of 'Scot' on domestic whisky brands
New Delhi(PTI): The word 'scot', or 'scotch', has been a bone of contention between a domestic whisiky maker and UK's Scotch Whisky Association and now the Supreme Court after hearing both the parties has reserved its judgement.
Earlier, the Madras High Court had given its verdict on this matter. However, domestic whisky manufacturer Khoday's Group moved the Supreme Court saying that the high court order had had the effect restraining it from using the word 'Scot' or 'Scotch' on its brands. Khoday's Group is the owner of the brand 'Peter Scot'.
Khoday Distillery (now Khoday India Ltd) had sought a stay on the high court judgement that directed the Registrar of Trademark to remove the registered trademark Peter Scot from the group from the register.
The High Court had issued such direction on the ground that it was likely to cause deception as the use of word Scot resembled Scott whisky made in Scotland.
Now, a Supreme Court bench headed by Justice S B Sinha after hearing the parties for last two days has reserved its order.
The apex court had sought a reply from UK's Scotch Whisky Association, an industry body of manufacturers and exporters of Scotch Whisky, as to why domestic whisky makers should be restrained from using the word 'Scot' or 'Scotch' on their products.
The Khoday's Group while seeking a stay on removal of the trademark submitted that a brand registered for more than seven years cannot be removed unless it was shown by evidence on record that the registration was obtained through fraud.
Scotch Whisky Association had failed to establish any confusion or deception, senior counsel R Nariman and Vanita Bhargava, appearing for Khoday Group, said.
National