The Courier & Advertiser (Fife Edition)
What’ s gin a name? – Drinks firm faces legal fight with golfing body
St Andrews Links has taken legal action against a Fife gin company before it has even sold a bottle. Businessman Giorgio Cozzolino has spent almost £500,000 developing Old Tom Gin 1821 over the last three years.
He has a deal to be an official supplier to the Ryder Cup 2023, taking place in his home country of Italy.
The spirit’s bottle has golf ball stopper, luxurious box and carries £180 price tag.
It was to launch to the public this month to take advantage of the lucrative Christmas market.
But the future of the company is now uncertain after an intellectual property claim from St Andrews Links, which operates seven golf courses in the town.
It told the gin company that it is infringing its copyright on Old Tom Morris, the famous Scottish golfer viewed as the father of the game.
Mr Cozzolino said: “They are saying Old Tom could relate to Old Tom Morris – but Old Tom is a style of gin in the same way as London dry or Plymouth gin.
“They are uncomfortable that we are using St Andrews on the bottle, but we are based in St Andrews. It’s astonishing.”
St Andrews Links also notes the date on the bottle of 1821 is the year of Old Tom Morris’ birth.
Mr Cozzolino said the numbers added together equal 12, the number of players on a Ryder Cup team.
The 57-year-old businessman does not agree he has infringed the intellectual property and thinks a legal judgment could take several years.
But last week, the PGA European Tour said he could not associate with the Ryder Cup until the IP dispute is resolved.
So far, almost £400,000 has been spent without even accounting for the cost of the gin itself. This is produced in Italy.
Mr Cozzolino said: “I am pleading with St Andrews Links to help the community of St Andrews and not destroy my businesses. I don’t know what to do.
“Our lawyers say they don’t have the right.
“It could take two or three years to resolve in the courts and the costs would be huge.”
He was to launch his brand with an initial run of 3,000 bottles but believes he could sell up to 100,000 over the next two years.
He is in talks with the Ryder Cup about his deal, stating there has been no judgment against him.
St Andrews Links is a charitable trust. It reinvests profits to help protect and maintain the world-famous courses it operates in St Andrews.
Commercial director Danny Campbell said its “significant” portfolio of trademarks include St Andrews, Tom Morris and the Home of Golf.
“We have no concerns with the branding of the gin as Old Tom Gin. This is a recognised method of producing gin,” he said.
“However, the presence of 1821 and the St Andrews connection change the association from the type of gin to the identification of Old Tom Morris.
“As a result we believe this product is likely to cause confusion and could mislead members of the public into thinking it is an official St Andrews Links product.
“This, coupled with promotional and marketing material, could potentially cause substantial damage to our reputation and goodwill.
Mr Campbell added: “We have raised our concerns with representatives of Old Tom Gin and invited them to participate in a call to discuss our concerns in greater detail.”
Last year St Andrews Links lost a legal battle to register St Andrews as a trademark for travel, accommodation and catering services.
A spokesperson for Ryder Cup Europe said: “We are aware of this issue and are currently looking into it. We will therefore make no further comment at this time.”