Whisky wannabe verliest merken strijd

[Piet]

Whisky wannabe loses trademark battle.

Scotch whisky enthusiasts (MOD: Scotch Whisky Association! ) have won their trademark battle with a Kiwi liquor chain over a "whisky- flavoured spirit" they felt was trying to pose as the real thing.

But the victory has came about not because MacGowans - an Australian "distilled spirit" - isn't a whisky but because it's not even a proper spirit.

The High Court at Wellington ruled yesterday that MacGowans should not have its trademark registered.

Independent liquor chain Mill Liquor Save has been selling the flavoured and coloured drink, "blended to evoke the flavour of the Highlands", for about two years. It applied to trademark the name in 2009 and was granted permission in July.

But the Mill has been fought all the way by the Scotland-based Scotch Whisky Association, which felt consumers could be duped into thinking MacGowans was Scotch whisky.

In his decision yesterday, Justice Stephen Kos upheld the view of assistant commissioner of trademarks Jennie Walden that alcohol buyers were not "careless, gullible or stupid" enough to be deceived or confused by the MacGowans trademark on whisky-flavoured spirits.

But the assistant commissioner was wrong to find MacGowans was even a spirit at all, he said....

[Matti]

In his decision yesterday, Justice Stephen Kos upheld the view of assistant commissioner of trademarks Jennie Walden that alcohol buyers were not "careless, gullible or stupid" enough to be deceived or confused by the MacGowans trademark on whisky-flavoured spirits.

Dit vind ik de interessante passage en lijkt mij een flinke tegenvaller voor de SWA...