A B.C. whisky maker has rebranded after reaching a court action resolution with the Scotch Whisky Association (SWA).
A settlement agreement follows the lawsuit filed by the association in B.C. Supreme Court in March 2021 that expressed concern about the use of various branding terms ‘evocative of Scotland,’ said Macaloney Brewer & Distillers Ltd.’s president Dr. Graeme Macaloney.
Simply put, with a lawsuit in March 2021, the Scots wanted calling B.C. whisky scotch scotched.
The Edinburgh-based association and Whyte and MacKay Limited, a Glasgow-based distiller, filed suit against MacMhaol-Onfhaidh (Macaloney) Brewer and Distillers March 5, saying the use of the word “scotch” misleads consumers into believing the product is distilled and matured in Scotland.
“The plaintiffs do strongly object to the defendant’s misleading branding and marketing of its whiskies, which confuses consumers, prejudices makers of genuine scotch whisky and dilutes the distinctive character and reputation of the scotch whisky geographical indication in Canada,” a notice of civil claim filed in B.C. Supreme Court said.
With the rebranding, the matter is resolved.
“We are delighted to announce that we have come to an agreement with the SWA. As a result, we will be rebranding our distillery and its associated tours and beer garden to Macaloney’s Island Distillery & Twa Dogs Brewery,” the company said.
The settlement came as the company received recognition at the World Whiskies Awards in London, U.K. The distillery took home the following accolades: Canadian Best Single Malt, Canadian Best Triple Distilled Potstill Whisky and World's Best New Make-Young Spirit.
It wasn’t the first time a Canadian distillery drew the ire of the association, known for its ferocity in protecting its share of the multibillion-dollar global whisky industry.
It previously waged a losing nine-year fight with Nova Scotia’s Glenora Distillery to stop that company from using the word Glen (Gaelic for valley) in the name of its single malt whisky. The Supreme Court of Canada subsequently dismissed an appeal made by the association with costs in 2009.
