Scotch Whisky Association Wins Temporary Injunction In Fake Scotch Action In India
22 Dec 2011
The Scotch Whisky Association believes the local whisky brands
Royal Barrel, Glenmon and F&G were being passed off as Scotch
Whisky through their labelling and packaging. It raised the action
against Glenmon Distillers & Vintners Pvt Ltd and Imperial
Distillers & Vintners PVT Ltd.
On 16 December 2011 the Court of the District and Sessions
Judge, South Goa, Margao granted the temporary injunction
preventing a number of actions by the two firms, including
reference to 'Scotch Whisky' on whiskies that are not Scotch
Whisky. It also prevents the sale of their local whiskies under the
trade mark or trade name 'Glenmon' or any name with the word
The court said:
"In the present case the brand name appears to have been
dishonestly adopted by the defendants. The defendants have
indirectly misled the general public by using the word 'Glenmon'.
They are directly misleading the general public by using the words
'Scotch Whisky'. Such dishonest adoption of brand names invites an
order of injunction."
Glen Barclay, director of legal affairs at the Scotch Whisky
"The problem of 'passing off' - where consumers could be led to
believe that a product is genuine Scotch Whisky when it's not - is
something the SWA has long fought against through the courts. We're
pleased that the judge recognises our concerns in this case through
a temporary injunction. We will continue to pursue the action in
Goa to seek a permanent order against the companies."
The Indian companies are formally contesting the action and the
case is continuing before the court in Goa.