When the scotch is not Scottish....it's an infringing misnomer

On April 20, 2006 the High Court of New Delhi permanently prohibited an Indian company, Golden Bottling Ltd., from selling its whisky under the designation RED SCOT and any word similar thereto. The Scotch Whisky Association of the U.K. successfully contended that 'SCOT' or 'SCOTCH' is a geographical indication within the meaning of the World Trade Organization's Trade Related Intellectual Property Rights Agreement Article 22. The High Court's ruling is the first of its kind to be based on the TRIPS agreement. Article 22 defines geographical indications as "indications, which identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin." Article 22.3 specifically refers to "identifying spirits ...not originating in the place indicated" and can be enforced "even where the true origin if the goods is indicated". The defendant whisky manufacturer was held guilty of passing off their product as Scotch Whiskey or as product otherwise originating in Scotland by using 'RED SCOT' as a misleading designation. The SWA, who were awarded damages and litigation costs, are also currently pursuing over fifty cases worldwide to protect SCOTCH as designation for whiskey originating in Scotland.