The Scotch Whisky Association (SWA) has successfully taken
action against a packaging manufacturer in China. The ruling of the
Chinese Court in favour of the SWA has been heralded as a
significant legal breakthrough, heeding a warning to others.
Anhui Guangyu Packaging Technology Company Ltd manufactured bottle
caps imprinted with the words "Scotch Whisky", a term
reserved for use only in relation to whisky produced and matured in
Scotland.
The SWA has on many occasions successfully taken legal action
against improper and deceptive use of the term "Scotch
Whisky". Such legal actions generally relate more to the end
product itself, namely, whisky or alcoholic beverages produced
elsewhere but being sold as "Scotch whisky".
The significance of this ruling is that on this occasion, the SWA
was able to take action against a packaging producer who formed
only part of the chain of production of such misleading products.
By establishing that the offending bottle caps were to be used as
part of the infringing final products, which were already being
marketed 1,000 miles away in Myanmar, the SWA was able to convince
the Court to grant an injunction, ordering Anhui Guangyu to cease
any infringing actions and to pay damages and costs.
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