ITMA 2016: Seaweed, stags and Scotch whisky

Imitations of Scotch whisky discovered around the world have contained seaweed and used the description “grain alcoholic drink”, an industry event has heard.

Speaking during the Institute of Trade Mark Attorneys’ (ITMA) spring conference, taking place in London today, March 17, Alan Park, senior legal counsel at the Scotch Whisky Association, gave a rundown of examples of infringing products that have tried to play on the established Scotch whisky brand.

Park said that while some products will not actually use the terminology “Scotch whisky”, others will evoke the feel of Scotland or whisky in a clear attempt to create an association with the brand.

Scotch whisky has recognised geographical indication (GI) status in around 100 countries including the whole of the EU and various African countries.

A GI illustrates that a product comes from a certain area and is made in a specific way with strict rules about production.

To be classed as Scotch whisky, a drink must have been brewed in one of 110 distilleries in Scotland, contain at least 40% alcohol, and be aged for a minimum of three years.

Park revealed that the association is currently involved in around 60 court cases and around 300 trademark oppositions.

Referencing Regulation (EC) No. 110/2008, Park explained that infringements do not need to reference the name Scotch whisky and can simply “set in train in the mind of the public an association of ideas relating to that origin”.

Delegates were then shown different examples of imitations of Scotch whisky from around the world.

One example from the Netherlands was a ‘whisky’ drink that contained seaweed. Others evoked “the feel” of Scotland by using the word ‘Highlander’, tartan patterns, and an image of a stag and hills, Park said.

In most cases the association is successful in removing infringing uses from the market but a greater understanding of GIs is needed to help it carry on its good work, he added.