1991 Supreme(Bom) 332
D.R.DHANUKA
Scotch Whisky Association and another – Appellant
Versus
Pravara Sahakar Shakar Karkhana Ltd – Respondent
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 a
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