SCOTCH WHISKY ASSOCIATION Vs. GOLDEN BOTTLING LIMITED

JUDGEMENT

(1.) The Plaintiffs have filed this suit for a permanent injunction restraining the Defendant and those acting under the Defendant from dealing, in any manner, with whisky under the name "Red Scot" or any other name containing the word "Scot" or any word similar thereto so that the Defendant cannot pass off its whisky as Scotch whisky.

(2.) On 22nd April, 2004, summons were issued in the suit and the Defendant was restrained from dealing in any whisky containing the word "Scot". Despite service, no one appeared on behalf of the Defendant. Accordingly, by an order dated 10th December, 2004, the Defendant was proceeded against ex parte.

(3.) Subsequently, the Plaintiffs filed an affidavit in evidence dated 18th August, 2005. The contents of this affidavit have not been denied by the Defendant and are, therefore, deemed to be admitted.