Geographical Indications

Whiskey
Tea
Others
• It’s Time for the Scotch Whisky Association to
Make Peace with Transparency
• JULY 29, 2019  |   SUSANNAH SKIVER BARTON
• Earlier this month, the Scotch Whisky Association (SWA) filed a 
lawsuit in the U.S. District Court of Delaware against 
Virginia Distillery Co. (VDC), alleging that the American distillery
was misleading consumers to believe their Virginia-Highland whisky
is scotch. The complaint opens by pointing out two specific words
on the label—“Highland” and “whisky”—as problematic. The
Highlands are one of Scotland’s five legally protected whisky
regions, while the spelling of “whisky” without an E is used for
scotch. (“Whiskey” is more common in the U.S., although both
spellings are permitted.) The lawsuit also notes that VDC has a
product called “Scotch Trooper Cask,” named for the popular
blogger and photographer who 
combines his love of Star Wars and whisky.
• Scotch is the most heavily regulated whisky category in the world,
governed by the Scotch Whisky Regulations of 2009, which outline
how it can be produced and what terminology may be used on
labels. The SWA represents Scotland’s whisky makers and has an
obligation to fight brands misusing protected terms or imitators
trying to pass themselves off as scotch. It has taken down
counterfeiters and helped scotch maintain its sterling reputation for
integrity and quality. In fact, the SWA legal team has been
recognized for its effectiveness, awarded the best Not For Profit
Organization Team of the Year at the 
World Trademark Review Awards in Boston in May. At any given
moment, the organization is handling 60-70 court cases around the
world, along with investigations and trademark violations.
• But VDC isn’t trying to trick anyone: It’s being completely honest. The Virginia-
Highland whiskies blend VDC’s own-make single malt with blended malt sourced
from Scotland’s Highlands region—hence the name “Virginia-Highland,” which
nods to both places of origin. The moniker is doubly apt because VDC is located in
Lovingston, Virginia, at the foot of the Blue Ridge Mountains, an area often
referred to as the state’s Highlands.
• The lawsuit alleges that VDC’s “labelling of its products intentionally misidentifies
the true geographic origin of its products in an effort to trade on the good will
and prestige associated with Scotch Whisky.” Yet the label couldn’t be more clear
about what’s in the bottle: “whisky from Scotland married with Virginia whisky
distilled from malt mash.” The side label reads, “Marrying whisky from the Old
World with ours made in the Highlands of Virginia, aged at least one year, yields a
distinguished and complex spirit.” The producer identification is also accurate:
“Bottled by Virginia Distillery Co.”—not “Distilled by” or even “produced by,”
because they didn’t make everything in the bottle.
 Mohan Meakin Breweries Ltd. vs The Scotch Whisky
Association on 23 July, 1979

• (1) The short point that arises for determination in

this appeal is whether the brand name 'Highland
Chief used in relation to the product described as
"Malted Whisky" along with a device of the head
and shoulders of a Scottish gentleman wearing
feather bonnet and plaid and the tartan edging
gives the impression that the product in relation to
which it is used comes from. Scottland and is thus
likely to deceive or confuse the unwary purchaser in
India.
• The appellant filed an application with the Trade Mark Registry seeking Registration of a trade-mark consisting of
a label, inter alia, portraying in vivid colours the bust of what appears to be a Scottish soldier with the words
"Highland Chief" in class 33 in respect of Whisky.
• The application was accepted by the Assistant Registrar and advertised in the Trade Mark Journal on October 16,
1964. The Scotch Whisky Association, (hereinafter referred as the respondent), an Association incorporated under
the English Companies Act, 1948, having its registered office at Edinburgh, Scotland, which does not itself carry on
trade but includes amongst its members the leading producers and sellers of Scotch Whisky and has one of the
principal aims to protect the interests of the producers and sellers of Scotch Whisky and take action for the
purpose of restraining the sale of any product which deceives the purchaser into believing that it is Scotch Whisky
when it is not, in fact the case, filed opposition to the said application on February 11, 1965. It was contended,
inter alia,
• that the description "Scotch Whisky" was not generic but related solely to the geographical origin of the
product and meant whisky distilled in Scotland
• and the words "Highland Chief", when used in relation to malted whisky, would be assumed by purchasers to
relate to a product of Scotland since the highlands of Scotland are an area world-famous for the production of
Whisky.
• It was also stated that the impression created by the words "Highland Chief" would be confirmed as the label
bore prominently the device of the head and shoulders of a gentleman dressed in Scottish Highland costume
wearing, inter alia, feather bonnet and plaid and edged with tartan, well-known symbol of Scottish origin. It
was submitted that the mark in question was one the use of which was likely to deceive or cause confusion.
• (3) In the .counter statement filed by the appellant, the
status and functions of the respondent were not
challenged and it was conceded that the description
"Scotch Whisky" meant whisky distilled in Scotland and
that the description could only be used in relation to a
product wholly distilled in Scotland. It was, however,
pleaded that the label bore the name and place of
manufacture and bottling in bold letters and set forth
that the produce was a product of India and, therefore,
no consideration of deception or confusion at all could
arise.
• https://indiankanoon.org/doc/1408319/
• The Scotch Whisky Association (SWA) has lost
a trademark dispute against Japanese retailer
Isetan Mitsukoshi over use of the word
‘tartan’, having claimed that it could function
as a GI for whisky.
TARTAN
Isetan Tartan
• https://www.ipos.gov.sg/docs/default-source/
resources-library/hearings-and-mediation/leg
al-decisions/2019/the-scotch-whisky-associati
on-v-isetan-mitsukoshi-2019-sgipos-4.pdf
Blended Scotch Whisky vs Blended with
Scotch
 Blended Scotch Whisky
• In substance, the expression "Scotch Whisky" means whisky which has been distilled
and matured in Scotland. It is directly relevant for purpose of this case to refer to the
meaning of the words "Blended Scotch Whisky" as understood in the trade. The
expression "Blended Scotch Whisky" is understood in the trade as explained in the
said booklet and as explained also in some of the English judicial decisions cited at the
Bar as "a blend of a number of distillates each of which separately is entitled to the
description Scotch Whisky". Most of the scotch whiskies are marketed as blended
scotch whiskies -- almost 97 per cent. It is well established and it is indisputable that
blended scotch whisky consists of two or more scotch whiskies each of which is
exclusively a scotch whisky and in practice it is a blend of as many as 50 different
scotch whiskies. The expression "Blended Scotch Whisky" as known to the trade has
been explained by the plaintiffs in the plaint as well as in the affidavit in rejoinder and
there can hardly be any reasonable dispute about the trade meaning of the words
"Blended Scotch Whisky". "Blended Scotch Whisky" does not mean mixture of part of
"Scotch Whisky" with some other drink or some other whisky which by itself cannot
be described as Scotch whisky. 
 Blended With Scotch
• The defendant however has been contending that the defendant is entitled to use the
words "Blended With Scotch" on the label or on the carton as the said words do not and
cannot convey misleading impression to the purchasers that the whisky marketed by the
defendants is blended scotch whisky. It is the contentionn of the defendants that even if
the defendants mix a small or negligible percentage of scotch whisky as an ingredient along
with its Indian whiskies in the blend, the defendant would be justified in describing its
product as a "whisky blended with scotch". This submission of the defendants is totally
unconvincing and futile. The defendants have not proved it as a fact that the defendants
blend scotch whisky with the whisky manufactured by it by the slightest evidence. Even if it
is proved as a fact that the defendant mixes part of "scotch whisky" with its Indian whisky,
the defendant cannot be permitted to market its product as blended scotch whisky merely
by using the word "with" in between as the unwary customer with his average intelligence
and imperfect recollection is bound to treat the product as Blended Scotch Whisky i.e.
whisky of which each of the blends is exclusively scotch. The customer is not expected to
compare the words used with due care and caution and serious risk of confusion and
deception is sufficient to prove the tort of passing off subject to other ingredients being
proved. 
The largest export destinations for Scotch Whisky (by value) in 2018 were:

1 United States, £1,039.5m, +£117.8m, +12.8% (£921.7m in 2017)

2 France, £442.1m +£8.5m, +2.0% (£433.6m in 2017)
3 Singapore, £319.9m +£29.2m, +10.0% (£290.7m in 2017)
4 Germany, £173.9m -£9.8m, -5.3% (£183.7m in 2017)
5 Spain, £170.4m -£4.5m, -2.6% (£174.9m in 2017)
6 Taiwan, £168.4m +£8.0m, +5.0% (£160.3m in 2017)
7 UAE, £146.9m +£17.1m, +13.2% (£129.8m in 2017)
8 India, £138.8m +£35.3m, +34.1% (£103.5m in 2017)
9 Mexico, £131.5m +£20.5m, +18.5% (£111.1m in 2017)
10 Latvia, £129.8m +£9.5m, +7.9% (£120.4m in 2017)
The largest export destinations for Scotch Whisky (by volume) in 2018 were:

1. France, 187.8m, +9.4m, +5.3% (178.4m bottles in 2017)

2. United States, 136.8m, +9.4m +7.4% (127.5m bottles in 2017)
3. India, 112.6m +23.1m, +25.9% (89.5m bottles in 2017)
4. Mexico, 59.8m +6.3m, +11.9% (53.4m bottles in 2017)
5. Spain, 55.0m -5.7m, -9.5% (60.8m bottles in 2017)
6. Japan, 50.5m +16.7m, +49.5% (33.8m bottles in 2017)
7. Germany, 45.6m, -10.2m, -18.3% (55.8m bottles in 2017)
8. Singapore, 44.5m, -2.1m, -4.5% (46.6m bottles in 2017)
9. South Africa, 41.8m, -10.2m, -19.5% (52.0m bottles in 2017)
10. Brazil, 38.9m, +2.7m +7.5% (36.2m bottles in 2017)
 Import Duty for Scotch under HS CODE 22083012

• Custom Import duty of Scotch is 150% under HS Code

22083012. IGST for the product Whiskies are is 18%
and total duty for above product is 195% with Import
Policy
• HS Code22083012
• Description ScotchCustoms
• Duty (%)150%
• IGST18%Compensation Cess0%Specific Duty (%)Not
ApplicablePref Duty (%)Not ApplicableTotal Duty
(%)195%
• https://www.financialexpress.com/opinion/ex
plained-how-geographical-indication-can-boos
t-agriculture-exports/1673864/
DARJEELING TEA vs Darjeeling Lounge

https://www.majumdarip.com/blog_pos
t/darjeeling-is-not-all-about-tea/