In the present case (Khoday Distilleries Limited v. The Scotch Whiskey Association and Ors.), the appellant is a company incorporated under the Companies Act, 1956. It manufactures whiskey under the trade mark " Peter Scots'. The production of the said product was allegedly started by the company in May 1968. The company applied for registration of its trade mark to respondent No. 3. The said trade mark was registered aware of the appellant's trademark on or about September 20, 1974. They filed an application for rectification of the said trademark on April 21, 1986. The salient facts of the case are that the appellant produces whiskey under the brand name "Peter Scot". the 'Prancing Lion' emblem. It is a malt whisky. One side of the box says 'PRIDE OF INDIA' and on the other side 'KHODAY DISTILLERIES PRIVATE LIMITED' it is reported "Distilled from the finest malt and blended with the choicest whiskeys by Scottish experts under the Government