JUDGES in Italy's supreme court have stopped an Italian businessman from selling fake Scottish whiskies following a decades-long legal dispute.
The Scotch Whisky Association (SWA) – which brought court proceedings against Angelo Vendrame to stop him selling the imitation Scotch – yesterday said it was "delighted" with the outcome of the legal action.
In the late 1980s, imitation "Scotch whiskies" were found in some of Italy's largest retailers, prompting the SWA to launch legal action against Vendrame.
Despite using Scottish-sounding names – such as "MacQueen", "Clan 55", "Royal Club" and "Sullivan" – none of the products were genuine, the SWA said. Instead, they contained a small amount of genuine whisky, mixed with other alcohol.
Some were mislabelled as "Scotch whisky", while others claimed to be "produced" or "matured" in Scotland, the association said.
Legal proceedings were taken in the UK to wind up "Alex Albright Ltd", a "shell" company the SWA said Mr Vendrame had set up to suggest "false provenance".
Court action in Florence and Milan stopped the sale of the brands, but Mr Vendrame's local court in Belluno initially rejected the SWA's case on what the association described as "technical grounds".
Appeals to the Italian supreme court proved successful and the SWA said the latest ruling was final.
A spokesman for the SWA said: "This has been a long battle to protect Italian consumers and Scotch whisky distillers from imitation products unfairly trading on Scotch whisky's reputation. Such practices left unchecked would undermine consumer confidence and the integrity of Scotch whisky.
"Our top priority must be to protect Scotch whisky from all forms of unfair competition and we are delighted at the successful outcome of this lengthy action in Italy."
The SWA was awarded 75,000 (£64,000) in legal costs and has been given the chance to apply for damages, which is currently under consideration.
News of the Italian supreme court ruling came a fortnight after distiller Chivas Brothers succeeded in having its brand protected in China.
The names Chivas and Chivas Regal – in English and Chinese characters – have been recognised by the Chinese Trade Marks Office (CTMO) as "well-known" trademarks, granting an elevated level of protection.
Last year, the SWA convinced the CTMO to recognise the phrase "Scotch whisky" as a "collective trademark", adding to Scotch's protection in China.
While the SWA said the need for legal action in Europe is rare, its team of five full-time lawyers – all specialists in intellectual property, the field of law in which copyright and patents are protected – are involved in up to 70 cases throughout the world at any one time.
As well as winning protection for whisky in China, the lawyers are also looking at how best to enforce rules in Australia, Thailand and Vietnam.
About 90 per cent of the whisky produced in Scotland is exported, generating £3 billion a year for the Scottish economy and accounting for 20 per cent of manufactured exports.
