Drambusters! Whisky chiefs in victory over German malt
MORE than 100,000 bottles of rare single malt whisky were sold at auction in the UK last year, according to a report.
Industry analyst Rare Whisky 101 estimated 107,890 bottles were sold, a rise of 28.88 per cent from 2017. The value of collectable bottles sold at auction rose by 62.7 per cent to a record £40.7million.
Last October, a bottle of the 1926 Macallan Valerio Adami sold for £848,750 in Edinburgh.
AS Scotland’s national drink, it is guarded ferociously by those tasked with defending its reputation.
Now Scottish whisky chiefs have won a long-running legal battle to stop a German distillery calling its single malt Glen Buchenbach.
The brand is made by Waldhorn distillery in Berglen, near Stuttgart, and its label states it is a German product. However, trade body the Scotch Whisky Association (SWA) argued using ‘glen’ could confuse consumers and ‘mislead them as to the true origin of the whisky’.
It took action against Glen Buchenbach through Hamburg’s regional court, which ruled the distillery must change the name of the whisky as it breached the geographical indication of Scotch.
The inclusion of the word ‘glen’ in the branding could make consumers believe it was produced in Scotland, the court ruled.
Alan Park, the SWA’s director of legal affairs, said: ‘The SWA has consistently taken action in our global markets to prevent the use of Scottish indications of origin on whisky which is not Scotch Whisky.
‘This is vital to protecting Scotland’s national drink and is a deterrent to those who seek to take advantage of the quality reputation of Scotch Whisky and potentially mislead consumers.’
He added: ‘Our case against Glen Buchenbach presented clear evidence to the court that “glen” is strongly associated with Scotland and Scotch Whisky, and the only reason to use “glen” for a German whisky is because of its undoubted association with Scotch Whisky.’ The case was referred to the European Court of Justice, which clarifies points of EU law, and it gave guidance to the German court. The term ‘Scotch’ is a ‘designation of origin’ title protected by the EU, similar to ‘Champagne’ or ‘Prosecco’ for sparkling wines from some regions of France and Italy. ‘Glen’ is not mentioned in the regulations, but EU rules state suppliers of spirits must not mislead their customers as to the origin of their products. The Waldhorn distillery has a month to decide whether to appeal. Its lawyer Sven Mühlberger said: ‘Glen is not an original Scottish word, but an English word derived from the Irish Gaelic “gleann”. ‘The question therefore arises as to how an original Irish word should be able to mislead the European consumer regarding Scotch Whisky.’