The Scotch Whiskey Association (SWA), a UK-based organization that promotes, protects and represents the interests of the whiskey trade in Scotland and around the world, has won a trademark battle with New Zealand-based independent liquor chain The Mill Liquor Save Limited (the Mill) over the usage of the name ‘MacGowans.’
The Mill applied for the trademark in October 2009 and has been retailing the product from two years. In July 2012, the Assistant Commissioner of Trade Marks granted permission to use the name.
SWA opposed the verdict stating that MacGowans is a surname in Scotland and that the customers will confuse it for whiskey produced in Scotland, reported stuff.co.nz.
It was also found that MacGowans produced by the Mill was not a proper spirit with only 13.9% alcohol content, which is below the legal definition of spirits under the Food Act 1981, which says a spirit must contain at least 37% alcohol.
Wellington High Court Justice Stephen Kos was quoted by the website as saying that the beverage was not clear and had a dark-tan color that made it look like whiskey.
"At the very least, a product incapable of being labelled 'spirits' cannot be treated as spirits," he added.
