The case, Khoday Distilleries Limited v. Scotch Whisky Association & Ors2008 (36) PTC 315 (Mad.) (DB), is the result of an appeal filed under Sec. 109 of the Trade and Merchandise Marks Act, 1958 against the order of the learned Single Judge in T.M.A No.3 of 1989; and also the order passed by the learned deputy Registrar of Trade Marks allowing the Rectification application No. MAS-300 which directed the removal of the Registered Trade Mark No. 273203 of the appellant consisting of the words ‘PE