30 Nov 2012
THE SCOTCH WHISKY ASSOCIATION v THE MILL LIQUOR SAVE LIMITED HC WN CIV 2012-485-1494
- Citation
- openlaw-b52c9d31_15e5_4d58_995b_388daa8f8326.pdf
- Court
- High Court
The Assistant Commissioner correctly excluded the Association's reply declarations under reg 85; on a notional fair use analysis excluding extraneous get-up the MACGOWANS mark when applied to whisky-flavoured spirits would not, on balance, be likely to deceive or cause confusion of a substantial number of relevant purchasers; however The Mill failed to prove an intention to use the mark in relation to 'spirits' as properly understood (and defined by the food standard), therefore the application must not be registered.