JUDGMENT - D.R. DHANUKA, J.:---The 1st plaintiff is a company incorporated under the Companies Act of the United Kingdom with the object, inter alia, to protect and promote the interests of the scotch whisky trade generally, both in the United Kingdom and abroad. The status and locus standi of the 1st plaintiff to institute or defend proceedings to protect the reputation and goodwill of "Scotch Whisky" and the interest of scotch whisky trade is recognised by judicial decisions of this Court and English Courts. The 1st plaintiff has been adopting judicial proceedings for more than a decade to prevent non-scotch whisky being passed off as scotch whisky and to sue the tortfeasors who commit the economic tort of passing off of non-scotch whisky in one form or another by adopting advice of colourable imitation of name, design, mark or any other indicia on its label so as to confuse or deceive the unwary purchaser in respect of its origin and source. The 1st plaintiff has about 116 members who carry on the business of distilling and/or blending and/or selling "scotch whisky". The business reputation and goodwill of scotch whisky is an acknowledged fact throughout the world. Since there are attempts on the parts of manufactures, distillers and blender of other whiskies not connected with scotch whisky to damage the reputation and goodwill of scotch whisky by its colourable imitation or by adopting one or other of the devices, the 1st plaintiff is required to take action and adopt proceedings against the traders who imitate name, marks, labels, letters or pictures on their product and thus append false or misleading or confusing description thereon. The 1st plaintiff has adopted some such proceeding in the past in some of the High Courts in our country and also other countries of the world and succeeded in obtaining the reliefs sought for. The plaintiff No. 2 is a member of the 1st plaintiff. The 2nd plaintiff is incorporated as a company under the Companies Act of the United Kingdom carrying on business, inter alia, as a distiller, blender and dealer of scotch whisky. The defendant is a Co-operative Society incorporated under the provisions of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as the Societies Act) carrying on business, inter alia, as a manufacturer, distiller and dealer of India whisky.

2. The plaintiffs have instituted this passing off action (in its expanded/extended form as recognised by Modern Law of Torts) against the defendants for a declaration that by using the device of a Scottish Drummer wearing a kill or the tartan band or the word 'Scotch' coupled with the description "Blended With Scotch" and by using the impugned label (being Exhibit 'G' and Exhibit 'H' to the plaint) on their Indian whisky marketed under the mark "Drum Beater", the defendant is passing off its whisky as "Scotch Whisky", misleading the other traders and customers and damaging the reputation and goodwill of 'Scotch Whisky' and its genuine distillers, blenders etc. The plaintiffs have also prayed for issue of a permanent injunction and interim injunction against the defendants from advertising or offering for sale or selling or distributing in any country whisky which is not "Scotch Whisky" bearing the impugned label (being Exhibit 'G' to the plaint) or the impugned carton (being Exhibit 'H' to the plaint) bearing the mark "Drum Beater" or the word "Scotch" or the device of a Scottish Drummer wearing a kill or the tartan band or the words "Blended With Scotch" or the word "Scotch" or any other mark, label , carton, device or description suggesting Scottish origin, so as to pass off or enable others to pass off its whisky as "Scotch Whisky."

3. The defendants manufacture various brands of Indian whiskies, out of which two are the subject-matter of this action, namely (1) DRUM BEATER and (2) GOLD TYCOON. The plaintiffs have prayed for similar declaration and injunction in respect of the whisky marketed by the defendant

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