Provenance of Scotch protected

The first legal action brought against a company for falsely advertising and selling its spirits as Scottish has reached a landmark settlement.

The Scotch Whisky Association (SWA) successfully brought the action under the new Scotch Whisky Regulations 2009, which regulate the making, bottling and labelling of Scotch whisky.

The case, held at the Court of Session in Edinburgh, earlier this year, has resulted in an out-of-court settlement with Glasgow-based company Reynald & Sons and its director, Reynald Grattagliano (also known as Reynald Katz). They agreed to stop selling or advertising 14 brands of whisky as Scottish products.

The brands included Golden Dollar, Sir Edwins, and Paddington, each using the name 'Scottish Spirits' on the bottle labels. Investigations by the SWA indicated that the spirits were produced in Panama and consisted of unaged neutral alcohol and flavourings.

Lindesay Low, legal adviser at the SWA, said: "We are pleased to have received an undertaking that the company will not engage in any conduct that is likely to lead to a spirit, which is not Scotch whisky, being passed off as such.

"Our concern has been that this company was misleading consumers and unfairly trading on Scotch whisky's reputation."

Robert Buchan, an intellectual property partner with Maclay Murray & Spens LLP (MMS), which represented the SWA, added: "This is a milestone settlement for the Scotch whisky industry and represents a great victory for the SWA and its members.

"This case was the first time these new regulations have been enforced in Scotland and demonstrates that they provide strong and effective protection for consumers and for the famous Scotch whisky brand.

"It also sends a clear message that any illegal use of the Scotch whisky brand will not be tolerated."