Scotch Whisky Triumphs Against US Counterfeit Brand
The Scotch Whisky Association (SWA) has received a consent judgment in a Texas court that prohibits the company in question, Arkay Beverages, from producing and selling counterfeit Scotch. This is the latest instance in which the SWA has taken legal action to combat imitation and counterfeiting.
A press note claimed that Arkay sold its fake product online and through third-party retailers, such as Amazon. Scotch whisky is made from cereals, water, and yeast, but Arkay’s whisky contains xanthan gum, carboxymethyl cellulose, and potassium sorbate.
In 2018, the Scotch Whisky Association became aware of the alcohol-free whisky flavored drink. However, last year, the firm started using the ‘Scottish whisky’ branding. Therefore, the SWA decided to take Arkay to court.
Scotch Whisky Takes Arkay Beverages to Court
In a long, detailed document, the SWA presented the premise for its case against Arkay Beverages. According to the Scotsman, the chief of which were the characteristics of a Scotch Whisky.
“Its complaint, filed with the US District Court in the Southern District of Texas, pointed to a number of well-established rules and regulations put in place to ensure Scotch whisky is legitimate. They include the stipulations that whisky can only be distilled in Scotland from water and barley, is matured in oak casks in Scotland for at least three years, and crucially, has a minimum alcoholic strength by volume of 40 per cent.”
Akay’s version of whisky failed to comply with the regulations and certification standards of the UK law of 2009. The firm’s use of the phrase, “Scottish whisky” was intended to create a false association with whisky to promote and sell its non-alcoholic product.
Ideally, it was expected that the case would drag on following the SWA’s complaint in February. However, court documents show that the parties have agreed to a consent judgment and permanent injunction.
In a triumph for the SWA, Arkay cannot manufacture, distribute, sell, or advertise any products that use “Scottish whisky” or “Scotch whisky” in the US without conforming to the 2009 regulations. They must also recall unsold bottles, and destroy all labels.
