Maclay uses new laws to protect Scotch whisky brand

Maclay Murray & Spens and Axiom Advocates acted for the Scotch Whisky ­Association (SWA) against a drinks manufacturer that branded its products falsely as Scotch whisky.

Maclay IP partner Robert Buchan instructed Axiom’s Jonathan Lake QC on the case against Glasgow-based company Reynald & Sons, which was brought at the Court of ­Session in Edinburgh.

The case, which settled with an agreement by Reynalds to stop selling spirits in a way that suggests they are Scotch, marked the first action taken under 2009’s Scotch Whisky Regulations.

Buchan said: “This is a milestone settlement for the Scotch whisky industry and represents a great victory for the SWA and its members.

“This case was the first time these regulations had been enforced in Scotland and demonstrates that they provide strong and effective protection for consumers and for the famous Scotch whisky brand.

“It also sends a clear ­message that any illegal use of the Scotch whisky brand will not be tolerated.”

Reynalds was using the name ’Scottish Spirits’ on bottles of spirits that were later found to have been produced in Panama.

The company turned to McClure Naismith ­commercial disputes ­partner Graham Craik for advice on the case.