This post analyses the recent decision of the Singapore High Court in Scotch Whisky Association v. Isetan Mitsukoshi Ltd., that involved the trade mark ‘Isetan Tartan’ owned by the Japanese department store chain, Isetan.
A tartan is a cross-checked repeating pattern of different coloured bands, stripes, or lines of definite width and sequence, woven into woolen cloth. While tartan patterns have existed for centuries in many cultures, there is recorded evidence that are regarded as “peculiarly Scottish”. Many Scotch Whisky brands use the word or the image of tartan as their trademarks. Scotch Whisky is one of the best protected geographical indications (GIs) in India and world over. Protection of Scotch Whisky in India through passing-off actions and trademark oppositions undertaken by the Scotch Whisky Association, UK (SWA) goes back to the 1970s.