Full Judgment Text
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 380/2023 & I.A.10909/2023, I.A.10910/2023,
I.A.10911/2023, I.A.11175/2023
THE SCOTCH WHISKY ASSOCIATION ..... Plaintiff
Through: Mr. Jithin M. George, Adv.
versus
WHISKIN SPIRITS PVT. LTD. ..... Defendant
Through: Mr. Kapil Wadhwa, Ms. Surya
Rajappan, Ms. Tejasvini Puri and Ms.
Vasanthi Hariharan, Advs.
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
O R D E R (O R A L)
% 01.06.2023
I.A.11175/2023 (under Order XXIII Rule 3 of the CPC)
1. This matter has, happily, been settled between the parties even
before summons have been issued in the suit and IA 11175/2023 has
been filed as a joint application under Order XXIII Rule 3 of the CPC
for passing of a decree in terms of the settlement agreement.
2. The plaint is accordingly registered as a suit. Learned Counsel
for the parties are present on behalf of their respective clients. The
terms of settlement between the parties read thus:
“a) The Defendant recognizes and acknowledges that "Scotch
Whisky" is whisky wholly produced in Scotland in accordance
with United Kingdom legislation and is a geographical indication
registered in India.
Signature Not Verified
CS(COMM) 380/2023 Page 1 of 6
Signed By:KAMLA
RAWAT
Signing Date:05.06.2023
12:24:41
b) The Defendant further recognizes and acknowledges that
descriptions such as 'Blended with Scotch', 'Scotch Blended
Whisky', etc., in relation to alcoholic beverages produced in India,
could mislead consumers into believing that such beverages are
"Scotch Whisky', rather than products of India which contain some
Scotch Whisky as an ingredient.
c) The Defendant recognizes and acknowledges that words
such as 'GLEN', 'LONDON', etc. are evocative of Scotland or the
United Kingdom and, if such terms are used in relation to whisky,
they could mislead consumers into believing that the whisky is a
Scotch Whisky when it is not.
d) The Defendant agrees and undertakes before this Hon 'ble
Court that it will not manufacture, bottle, sell, offer for sale,
market, advertise, supply, distribute, import, export, stock and/or
deal in, directly or indirectly, in any way whatsoever, in India or
abroad, any whisky which is not Scotch Whisky by using the
expressions or descriptions, including but not limited to, Blended
with Scotch, Scotch Blended Whisky, Single Malts from different
Scotland's Whisky regions, Blended with rare imported Scotch
Malts, or any other reference, statement, expression or description
which only refers to the Scotch Whisky component without
mentioning the other constituents of the whisky or which is
otherwise indicative, suggestive or evocative of Scotland or the
United Kingdom or which in any manner misleads the consumer
into believing or creates a false impression that the whisky is a
Scotch Whisky or which otherwise alludes or suggests a nexus or
association with Scotch Whisky or Scotland or United Kingdom or
from committing or doing any other act so as to infringe the
Plaintiff's registered GI, "Scotch Whisky";
e) The Defendant agrees and undertakes before this Hon'ble
Court that it will forthwith take necessary steps to delete all
misleading descriptions appearing on the bottle labels, packaging
and carton of its Whiskin Craft whisky or to amend the same in
accordance with paragraph 3(h) below. Towards this, the
Defendant undertakes and agrees to delete or amend, inter-alia, the
following descriptions :
i. "Whiskin Craft Whisky Blended with Scotch ".
ii. "Whiskin Craft Whisky Blended With Scotch and
rich Malt is velvety smooth with the powerful waves of
breaking flavours of toasted Dry Fruits, Honey and Dark
Chocolate which are relived till the End, Whiskin Craft
gives way to a long, lingering and smooth finish that
Signature Not Verified
CS(COMM) 380/2023 Page 2 of 6
Signed By:KAMLA
RAWAT
Signing Date:05.06.2023
12:24:41
delivers a perfect balanced Character of Scotch Blended
Whisky. Enjoy Responsibly.
iii. "Whiskin Craft Superior Gold Reserve Grain
Whisky Blended with Scotch and rich Malt is velvety
smooth with the powerful waves of breaking flavours of
toasted Dry Fruits, Honey and Dark Chocolate which. are
relived till the End Whiskin Craft gives way to a long,
lingering and smooth finish that delivers a perfect
Character of Scotch Blended Whisky. Enjoy Responsibly".
f) The Defendant agrees and undertakes before this Hon 'ble
Court that it will forthwith take steps to amend the carton and
packaging of its Whiskin Craft whisky to include the word
"AWARDS" in reasonable prominence above or as part of the logo
g) The Defendant agrees and undertakes before this Hon'ble
Court that no later than August 15, 2023, it will cease all use of the
misleading descriptions as set-out above appearing on the
packaging and carton of its Whiskin Craft whisky, including the
existing packaging and carton which do not mention the word
"AWARDS" above or as part of the logo
Regarding bottle labels, the Defendant agrees and undertakes
before this Hon 'ble Court that it will apply for the revised labels in
compliance of paragraph 3(h) with the Excise department
immediately when the next Excise cycle commences in Delhi. The
Defendant anticipates that the next Excise cycle may likely
commence in September 2023. Immediately upon obtaining the
approval of the revised label from the Excise department, the
Defendant will manufacture, sell, distribute whiskies only under
the revised bottle labels, and will not manufacture, sell, distribute
whiskies under the existing bottle labels. In any event, the
Defendant agrees and undertakes that it will not manufacture, sell,
distribute whiskies under the existing bottle labels after the
longstop date of December 31, 2023.
Signature Not Verified
CS(COMM) 380/2023 Page 3 of 6
Signed By:KAMLA
RAWAT
Signing Date:05.06.2023
12:24:41
h) The Defendant agrees and undertakes before this Hon'ble
Court that with regard to any whisky or whisky based drink that it
manufactures, bottles, sells, offers for sale, markets, advertises,
supplies, distributes, imports, exports, stocks and/or deals in,
directly or indirectly, in any way whatsoever, in India or abroad in
the case of products comprising a blend of Scotch Whisky and
other alcohol of different origins, it will indicate each of those
origins by a statement such as "A Blend of Scotch Whisky and
Indian Grain Spirit" in lettering which is equally prominent and
clearly legible. This indication shall appear on the front label and
on each face of any gift carton or other packaging in which it is
sold to the consumer.
i) The Defendant agrees and undertakes before this Hon'ble
Court that no later than June 15, 2023, it will take all necessary
steps to delete all misleading descriptions appearing on its website,
www.whiskinspirits.com or to amend the same in accordance with
paragraph 3(h) above. Towards this, the Defendant agrees and
undertakes to delete or amend, inter-alia, the following
descriptions/content:
A. Whiskin Craft:
"Tasting Notes"
" ... Whiskin Craft gives way to a long, lingering and
smooth finish that delivers a perfect balanced character of
Scotch Blended Whisky” .
“Crafted to Perfection"
"By blending together the choicest Single Malts from
different Scotland's Whisky regions. we created a whole
that is greater than the sum of its parts, capturing the
imagination with complex and powerful medley of
flavours. "
Videos uploaded on its Youtube channel titled "Whiskin
Spirits" including those embedded on the Defendant's
website, www.whiskinspirits.com, which include references
to Bagpipe or stag or Scotland or Scotch, etc.
B. Dignitv:
"Blended with rare Imported Scotch Malts".
C. Glider
"The Blend"
"Glider Superior Whisky blended with Scotch is made by
blending superior quality triple distilled Grain ENA, Rich
Signature Not Verified
CS(COMM) 380/2023 Page 4 of 6
Signed By:KAMLA
RAWAT
Signing Date:05.06.2023
12:24:41
Indian Malt Spirit and mature Vatted Malt Scotches
imported from Scotland for a smooth experience. "
j) The Defendant agrees and undertakes before this Hon'ble
Court that it will not manufacture, bottle, sell, offer for sale,
market, advertise, supply, distribute, import, export, stock and deal
in directly or indirectly m any way whatsoever in India or abroad
any whisky which is not Scotch Whisky under the mark "GLEN
CRAFT" or any other mark or name including the word "GLEN"
or "LONDON" or any other words, names, business names,
website references, descriptions or devices deceptively or
confusingly similar thereto, or which are indicative, suggestive or
evocative of Scotland or the United Kingdom or which allude or
suggest a nexus or association with Scotch Whisky or Scotland or
the United Kingdom, or from committing or doing any other act so
as to infringe the Plaintiff's registered GI Scotch Whisky.
k) The Defendant agrees and undertakes before this Hon'ble
Court that no later than June 15, 2023, it will take necessary steps
to amend the specification of the goods covered in its application
for the trade mark GLEN CRAFT under Application No. 4426635
in class 33 from "Alcoholic Beverages" to "Scotch Whisky". The
Defendant further agrees and undertakes that if the Trade Marks
Office does not allow its request to amend the specification of
goods covered under its Application No.4426635, it will withdraw
the same within seven (7) days of becoming aware that its request
has been rejected by the Trade Marks Office.”
3. The Court has perused the terms of settlement and find that they
are legal, enforceable and in order.
4. In view of the aforesaid terms of settlement, nothing survives
for adjudication in the present suit.
5. The suit accordingly stands decreed in terms of the aforesaid
terms of settlement by which learned Counsel for the parties agree that
their clients would remain bound.
6. Let a decree sheet be drawn up accordingly. Miscellaneous
Signature Not Verified
CS(COMM) 380/2023 Page 5 of 6
Signed By:KAMLA
RAWAT
Signing Date:05.06.2023
12:24:41
applications are also stand disposed of.
7. The plaintiff would be entitled to complete refund of court fee,
if any, deposited by it. Let the court fees be returned in the name of
“K&S Partners” as the plaintiff is stated to be based in Scotland.
C.HARI SHANKAR, J
JUNE 1, 2023/ kr
Signature Not Verified
CS(COMM) 380/2023 Page 6 of 6
Signed By:KAMLA
RAWAT
Signing Date:05.06.2023
12:24:41