John Walker and Sons v Douglas McGibbon, 1972 SLT 128
Citation: John Walker and Sons v Douglas McGibbon, 1972 SLT 128
Rule of thumb: If an organisation is using a geographical name origin for their product without the necessary geographical connection, what do you do? This is typically a case where a trade association will be expected to take legal action against them.
Judgment:
People are not allowed to use geographical origin names without meeting certain requirements. As long as the ingredient conditions are met then anyone can person brewing whisky in Scotland can use the trade name Scotch whisky, irrespective of the quality of the whisky. What matters is formal ingredients being used rather than quality, ‘Scotch whisky as a description has obtained a standing... applied to a spirit distilled in Scotland from a mash of cereal grain saccharified by the diastase of malt. To such a spirit many individual brand names are applied but, irrespective of that, all producers satisfying the conditions applicable are entitled to describe their product as “Scotch Whisky” and to take action to protect the advantages conferred by such a right from improper use of that trade description’, per Lord Avonside at p 128
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.