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.

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