Ruling goes against ‘whisky-flavoured’ claim
Milestone Beverage has been found to have falsely portrayed its ‘whisky-flavoured’ spirit aperitifs as being associated with Scotch whisky. A Pretoria News report notes the Scotch Whisky Association and leading manufacturer of the drink Chicas Brothers complained to the Gauteng High Court (Pretoria) that Milestone and its members misrepresented its Royal Douglas and King Arthur products.
This, they said, was despite the fact that the two products bore no relation whatsoever to whisky, Scotland or the UK.
Milestone said since the association turned to court it had made changes to its website’s title link ‘whisky’ to make it clear that the two products were ‘whisky-flavoured spirit aperitifs’ and not whisky itself.
It was agreed by the parties that the products were not whisky, but in fact vodka-based with flavours, which the respondent said were whisky flavours.
Judge Elizabeth Kubushi found that the respondents attempted to disguise the sale and marketing of these two products as being related to the whisky industry. Thus, she said, the use of the name ‘whisky-flavoured aperitif’ infringed on the territory of the real Scotch whisky industry.
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