The Scotch Whiskhy Association And ... vs Pravara Sahakar Shakar Karkhana Ltd. on 18 July, 1991
28. On the question of added material, somewhat similar arguments were advanced before the Hon'ble High Court of Delhi in Dyer Meakin Breweries v. Scotch Whisky Association, AIR 19SO Delhi 125. In that case, the Scotch Whisky Association, the 1st plaintiff herein, had opposed registration of the trade mark "Highland Chief" used by Dyer Meakin Breweries produced by it in India, the product having been described as "Malted Whisky" along with the device of the head and shoulders of a bonnet and plaid and the tartan edging. As regards printing of the words "Produce of India" and other added material, the Division Bench of the High Court of Delhi had observed, in paragraph 15 of its judgment, that what mattered most was the first impression. It was observed by the Court that what mattered was the matter of impression from the eye-catching words. It was held by the Court as under :--