HAMBURG (AP) — In a legal dispute over the “Glenn Buchenbach” whiskey brand, another defeat at the Klotz French Horn distillery from Burglen near Stuttgart is coming to the fore. The Hanseatic Higher Regional Court looks into a claim for injunctive relief on behalf of the plaintiff, the Association of Scottish Whiskey Producers (SWA), said a court spokesman after an oral hearing on Wednesday in Hamburg (az. 5U 43/19) .
According to the court, the word “Glen” in the product name for whiskey must be an inadmissible sign for the geographical indication “Scotch whisky”, which is specifically protected under the EU Spirits Regulation. The Senate of the Higher Regional Court intends to announce its decision on January 20, 2022.
Following a lawsuit from the Scottish Association, the Hamburg Regional Court had already ruled on 7 February 2019 that the name “Glen” (Gaelic for Gorge, Small Valley) was so reminiscent of Scottish and Scottish whiskey that the consumer was misguided and deserving. The conservation interests of Scottish producers would be harmed (Az. C-44/17). Swabian Family Business said it is now considering how to proceed. One possibility is to withdraw the appeal to reach an out-of-court settlement with the SWA.
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