Milestone Beverage CC and Others v The Scotch Whisky Association and Others (1037/2019)
Milestone Beverage CC and Others v The Scotch Whisky Association and Others (1037/2019) [2020] ZASCA 105; [2020] 4 All SA 335 (SCA); 2021 (2) SA 413 (SCA); 2020 BIP 505 (SCA); [2020] 2 CPLR 447 (SCA) (18 September 2020)
The Supreme Court of Appeal held that the appellants' products, Royal Douglas and King Arthur, were marketed and presented in a manner likely to mislead the public into believing they were whisky or Scotch whisky, or had a Scottish origin, despite being vodka-based spirit aperitifs. The get-up, labelling, and use of Scottish indicia, including tartan patterns, crests, and evocative names, were calculated to create a false impression and unlawfully appropriate the reputation of genuine Scotch whisky. The products did not meet the statutory requirements for whisky under the Liquor Products Act,…
Source excerpt
- Unlawful Competition
- Trade Dress
- Misrepresentation
- Liquor Products Act
- Passing Off
- False Description