George Dickel calls it whisky on its label. So does Maker’s Mark. And Old Forester‘s label does likewise.
So why is the Scotch Whisky Association suing Virginia Distillery Co. for using whisky (not whiskey) on its label for Virginia Highland Malt Whisky?
Here’s a clue: Dickel is produced by Diageo. Maker’s Mark by Beam Suntory. And Old Forester is a product of Brown-Forman Corp. All firms with deep pockets, fully able to litigate forever. And Scotch Whisky Association members.
Sure, SWA can prattle on about having “an obligation to protect the unique geographic identity of whisky produced in Scotland, namely Scotch Whisky, and the industry that produces it from damage, and to protect the public from the confusion or deception that is likely to be caused by Defendant’s false and misleading labelling.”
Of course, the product in question also has Highland on its label, and Scotch Whisky comes from the Scottish Highlands. Except when it comes from an island, such as Orkney or Jura. Or from the Lowlands, like Glenkinchie.
Maybe SWA doesn’t like the use of the term Highland by a Virginia distillery. Except that’s where the liquid comes from. Virginia Distillery’s product is a blend, as its label says: “Whisky from Scotland, Married with Virginia Whisky.”
We think Virginia Distillery is being sued simply because it’s small, without the vast resources of Diageo, Beam Suntory or Brown-Forman. And not an SWA member; it’s generally considered bad form for a trade association to sue its members.