Court of Justice considers protection of geographical indications for spirit drinks (Scotch Whisky v Klotz)

Article summary

IP analysis: This case relates to a request for a preliminary ruling on the interpretation of Article 16(a) to (c) of Regulation (EC) 110/2008 which provides for protection of geographical indications in the spirit industry. This issue arose during German proceedings between the Scotch Whisky Association (which aims to protect the trade in Scottish whisky) and Mr Michael Klotz (an online distributor of whisky) concerning the Scotch Whisky Association’s request for an order that Mr Klotz cease to market a German whisky under the designation “Glen Buchenbach”. In response to one of the questions referred, the Court of Justice confirmed that Article 16(a) of Regulation (EC) 110/2008 must be interpreted as meaning that, for the purpose of establishing that there is “indirect commercial use” of a registered geographical indication, the disputed element must be used in a form that is either identical to that indication or phonetically and/or visually similar to it. Accordingly, it is not sufficient that that element...