SWA backs Whyte and Mackay in legal dispute on branding
The sanctity of the ‘Scotch’ term for whisky has sparked a new legal dispute from the Scotch Whisky Association and Glasgow-based distillery Whyte and Mackay against Canadian distillery Macmhaol-onfhaidh (Macaloney) Distillery for using the term ‘Scotch Whisky’ for its Canada-distilled offerings.
Scotch Whisky as a product is protectedbygeographicalindication(gi),embeddedintrademark law in countries across the globe.
Scotchcanonlybemadefrom the raw materials of water, cereals and yeast and must be matured in Scotland for at least three years in oak casks.
Theterm‘scotchwhisky’has itself been enshrined as one of the geographical indications protected by the Trademarks Act in Canada since 1998.
While the claim filed with the Vancouver registry of the British Columbia Supreme Court
stated that Plaintiffs SWA and Whyte and Mackay will not be seeking damages against Macaloney Distillers or seeking to object to the distilling and bottling of whisky on their premises, it presents a clear stand from the Scottish companies against Macaloney Distillers’useof‘scotchwhisky’for marketing and branding purposes.
The notice for the civil claim filed with the Canadian court outlined that the Plaintiffs “bring this action to address the Defendant’s wrongful conduct, which misleads Canadian consumers into believing (incorrectly) that the Defendant’s Canadian-made whiskies and spirits, which are distilled andmaturedinvictoria,british Columbia, are from Scotland.”
It added that the Plaintiffs “strongly object to the Defendant’s misleading branding and marketingofitswhiskies,which confusescustomers,prejudices makers of Scotch Whisky and dilutes the distinctive characterandreputationofthescotch Whisky geographical indication in Canada.”
A spokesperson from the Scotch Whisky Association said: “The SWA consistently takes 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 both Scotland’s national drink and to ensuring that consumers across the world are clear about whether or not they are buyingwhiskythatisproduced in Scotland.