Scotch Whisky Association Sues Distiller for “Highland” Use

The Scotch Whisky Association has filed a lawsuit alleging that the name of Virginia Distillery Co.’s Virginia-Highland Whisky misleads consumers into believing the alcohol beverage is a product of Scotland. Scotch Whisky Ass’n v. Va. Distillery Co., No. 19-1264 (D. Del., filed July 8, 2019). The complaint asserts the Virginia Distillery Co. product is described as “Whisky from Scotland married with Virginia Whisky,” allegedly violating federal regulations prohibiting the use of “words commonly associated with Scotland to designate any product not wholly produced in Scotland,” including “Highland” and “Highlands.” The association seeks an injunction, a recall, fees and costs for allegations of false advertising, unfair competition and deceptive trade practices.