The United Kingdom based Company BREXIT along with members of the Scotch Whisky Association (SWA) filed a suit before the Delhi High Court for permanent injunction to prevent the Defendant, Golden Bottling Ltd., an India

Goods that cannot be registered as GI The following goods shall not be registered as a geographical indication: The use of which would be likely to deceive or cause confusion; or The use of which would be contrary to any law for the time being in force; or Which comprises or contains scandalous or obscene matter; or Which comprises or contains any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India; or Which would otherwise be disentitled to protection in a court; or Which are determined to be generic names or indications of goods and are, therefore, not or ceased to be protected in their country of origin, or which have fallen into disuse in that country; or Which, although literally true as to the territory, region or locality in which the goods originate, but falsely represent to the persons that the goods originate in another territory, region or locality, as the case may be. Examples of Goods That Cannot Be Registered as GI: 1. Generic Names or Terms Example: "Basmati" if used generically without regional specificity. Why: If the term has become generic and does not point to a specific geographic origin, it loses eligibility. 2. Goods That Do Not Originate from a Specific Geographical Location Example: Plastic buckets manufactured in any city. Why: GI protection is for goods originating in a specific place with qualities or reputation essentially due to that place. 3. Services Example: Ayurvedic treatment services in Kerala. Why: The Act only covers goods, not services. 4. Living Animals or Plants Not Linked to Geography Example: A specific dog breed not tied to a region, like generic Labradors. Why: Unless the breed has qualities tied to a geographic origin (e.g., Malabari goats), it isn't eligible. 5. Goods Whose Use Would Be Deceptive or Against Public Morality Example: A liquor product falsely claimed as a traditional tribal product. Why: Misleading or offensive names are disallowed under Section 9 of the Act. 6. Names Conflicting with Existing Trademarks Example: A local sweet named "Cadbury Delight" trying to claim GI. Why: It could infringe on an existing trademark and cause confusion. 7. Goods Not Having a Proven Historical or Reputational Link to the Region Example: A newly-invented textile pattern made in Lucknow but with no cultural or historical link. Why: GI requires historical, traditional, or reputational ties to a geographic region.