The Press and Journal (Aberdeen and Aberdeenshire)
Beer giant’s trademark bid Scotched
Court: Distiller can use own name
A renowned whisky distiller has won a David and Goliath battle with the makers of McEwan's Lager after they took legal action to stop him naming a Scotch after himself.
Jim McEwan, 68, was stunned when the beer giants threatened to derail his plans for a self-titled whisky business on the Isle of Islay where he lives.
A master distiller, Mr McEwan is among the whisky world's best-known figures and has spent 53 years working in the industry. A member of Whisky Magazine's Hall of Fame, he has won numerous awards throughout his career.
Brewers Charles Wells, who own the iconic McEwan's range of Scots beers, objected to Mr McEwan registering his own name as a trademark.
The brand's trademark agents said the application overlapped with their trademark “McEwan's” and people could confuse the two businesses.
They said that Mr McEwan could benefit from this confusion, and called for his application to be blocked. Now the UK Intellectual Property Office (IPO), who rule on trademark disputes, has found in Mr McEwan's favour following a hearing after rejecting suggestions that the two brands were likely to be mistaken for each other.
Mr McEwan said: “I am happy with the way this has worked out and hopefully that will be the end of it.
“I have put my name to whiskies in the past and I was very surprised when I was told I couldn't use my own name.
“I have always been a big supporter of McEwan's beers because I have the same name and have told people they are the best in the world."
The brewer has been ordered to pay Mr McEwan's £500 costs in the case.
A spokesman for Charles Wells said: “In light of our own history we understand Mr McEwan's enthusiasm for his own passion, whisky, and for his promotion of all things whisky-related.
“We are currently reviewing the outcome from the Intellectual Property Office.”
“I am happy with the way this has worked out and hopefully that will be the end”