SWA sues liquor company over fake Scotch claims

A major Australian liquor group is facing charges in federal court lodged by the Scotch Whisky Association after an investigation by ABC accused it of selling fake Scotch.

D’Aquino Bros Pty Ltd, along with seven other parties, including Mr Liquor, a Sydney retail store, have been accused of selling alcohol wrongly labelled as Scotch in breach of Australian and international trademark laws.

Laboratory tests carried out by ABC found that bottles of its Black Scot whisky, which it claims is a “Product of Scotland”, was shown to lack the “unique chemical compounds” that identify a true Scotch.

A lawsuit was since been filed against D’Aquino by the Scotch Whisky Association (SWA).

“We can confirm that the Scotch Whisky Association has started legal proceedings against D’Aquino Brothers Pty Ltd and a number of other parties for infringement of our trademark “Scotch Whisky”.

“The SWA takes the protection of Scotch Whisky extremely seriously. Wherever the legal requirements that govern the production of Scotch are not being upheld, we will take action.

“As this is a live legal proceeding, we will not make any further comment at this time.”

If D’Aquino Bros is found to have infringed trademarks, it will be barred from using the protected name “Scotch” on its products in the future.

Three brands of whisky, including “The Black Scot”, “The Clansmen”, and “J.B.R Scotch Whisky”, have been named in court papers, according to ABC.

A first hearing has been fixed in the Federal Court Victoria Registry for 3 August.