( 1 ) THE short point that arises for determination in this appeal Is whether the brand name highland Chief used in relation to product described as "malted Whisky" along with the device of the head and shoulders of a Scottish gentleman wearing feather bonnet and plaid and the tartan edging gives the impression that the product in relation to which it is used comes from Scotland and is thus likely to deceive or confuse the unwary pur" chaser in India.

( 2 ) FACTS relevant for the purpose are these. Dyer Meakin Breweries Limited (now Mohan Meakin Breweries Limited), hereinafter referred to as the appellant, is a company incorporated under the Indian Companies Act, 1974, manufacturing various types of liquors and having its registered office at Solan in Himachal Pradesh. The appellant filed application with Trade Mark Registry seeking registration of trademark consisting of label, inter alia, portraying in vivid colours the bust of what appears to be Scottish soldier with words "highland Chief" in class 33 in respect of Whisky. The application was admitted by the Assistant Registrar and advertised in Trade Marks Journal on Oct. 16, 1964. The Scotch Whisky Association, (he