The court upheld the SWA’s complaint and granted an injunction ordering Guangyu to stop infringement of the ‘Scotch Whisky’ trade mark and pay damages and costs
The Scotch Whisky Association (SWA) hailed a “first” after it won a court battle against trade mark infringement in China.
A Chinese court ruled in favour of the trade association against a packaging firm, Anhui Guangyu Packaging Technology Company.
The firm was manufacturing bottle caps imprinted with the words ‘Scotch Whisky’ which were used on bottles of fake ‘Scotch’ appearing on sale more than 1,000 miles away in Myanmar.
The court upheld the SWA’s complaint and granted an injunction ordering Guangyu to stop infringement of the ‘Scotch Whisky’ trade mark and pay damages and costs.
SWA said this was the first time it had concluded proceedings in the Chinese civil courts. The penalties are greater in court than with administrative procedures. And after subjecting the SWA’s evidence to careful scrutiny, the protected legal status of Scotch Whisky was upheld, sending a clear message to other would-be counterfeiters, SWA said.
Scotch Whisky Association wins landmark court battle in China
