SWA wins appeal against use of 'Glen' in Germany

An appeal court in Germany has backed the agreed with the Scotch Whisky Association (SWA) in a long-running legal battle of against the use of 'Glen' by a German brand.

The Higher Regional Court Hamburg last week rejected an appeal by Waldhorn Distillery from Berglen near Stuttgart, asking them to not offer the whisky in Germany under the brand name Glen Buchenbach.

The Hamburg Regional Court had already agreed with the SWA in February 2019, but the distillery appealed against the decision, and the higher court now made it clear that it sees the Scots as the winner in the trademark dispute.

“The SWA has consistently taken action in our global markets to prevent the use of Scottish indications of origin on whisky which is not Scotch Whisky,” Alan Park, SWA director of legal Affairs, said:

“This is vital to protecting Scotland's national drink and is a deterrent to those who seek to take advantage of the quality reputation of Scotch Whisky and potentially mislead consumers.”

As the Higher Regional Court did not allow an appeal to the Federal Court of Justice, the lawsuit started in 2013 over the whiskey name has now effectively ended with this verdict, German media reported.

“Our case against Glen Buchenbach presented clear and compelling evidence to the court that 'Glen' is strongly associated with Scotland and Scotch Whisky, and the only reason to use 'Glen' for a German whisky is because of its undoubted association with Scotch Whisky,” Park added.

“We are pleased with the ruling that the use of Glen on a German whisky is both misleading and evocative of Scotch Whisky.”

The distillery will be selling the high-proof whisky under a new name from May 1, local reports said.