Supreme Court · 2008 INSC 741 · Decided 27 May 2008

Khoday Distilleries Limited v. The Scotch Whisky Association and Others

Court
Supreme Court of India
Citation
2008 INSC 741 · [2008] 9 S.C.R. 975
Case number
CIVIL APPEAL No. 4179/2008
Decided
27 May 2008
Bench
S.B. SINHA, LOKESHWAR SINGH PANTA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Limitation Act Section 137

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 4 on ground that it contravenes s.11 of 1958 Act - Rejected by Registrar, Trade Marks - Affirmed by High Court - Correct- D , 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

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