( 1 ) WHEREAS I. A. No. 5178/97 is an application for interim stay and I. A. 5338/97 for vacation of the stay granted by this Court on 30th May, 1997.

( 2 ) THE plaintiff s case is that the plaintiff is the owner of the trademark Johnnie Walker for a Scotch Whisky which according to the plaintiff has acquired a transborder reputation on account of extensive and continuous user all over the world since 1959. The name Johnnie Walker is derived from the name of the founder of John Walker and Sons Company which is the predecessor-in-title of the plaintiff in respect of the said product. The advertisement in respect of said Whisky with a distinctive striding figure have appeared in Indian Publications as far back as 1960 and the products sold and consumed in India. The learned Senior Counsel for the plaintiff Mr. Sudhir Chandra has submitted that the Johnnie Walker s Scotch Whisky packaging bears a distinctive trade dress featuring a label characterised by two tone colour combination comprising of black and gold, red and gold, and blue and gold in respect of the black, red and blue label whiskey. The centre label is deliberately slanted and contains a distinctive golden out