Whisky drinkers, who are known to have a penchant for the finer things in life, will be clinking their glasses louder…
|||Durban - Whisky drinkers, who are known to have a penchant for the finer things in life, will be clinking their glasses after a Durban High Court judge agreed that they had discerning taste.
Judge Jerome Mnguni made the comments in a recent ruling involving trademark infringement.
He said the case had required him to transport himself from the courtroom and “stand in the shoes or sit in the chairs of those who buy whisky”.
The case before him was brought by Distell Ltd against KZN Wines and Spirits cc over the latter’s use of the trademark Black Knight for its blended Scotch whisky.
Distell argued the Black Knight product was too similar to its own whisky products under the trademarks Knight’s and Knight’s Gold.
It asked for an order interdicting and restraining KZN Wines and Spirits from infringing its registered trademarks and from passing off its product as being associated with Distell.
Distell’s lawyer argued that both products were sold in bars or crowded lounges and, ordered verbally, the noise would be such that when a customer requested Distell’s whisky, the barman could be deceived or confused into believing that the customer was asking for the KZN Wines and Spirits whisky.
Judge Mnguni dismissed the application as he did not agree with Distell’s argument because, although whisky was a popular drink, it was not cheap and whisky drinkers chose their brands carefully.
“It is not an overstatement that whisky drinkers take pride in the product such that they are able to distinguish whether it is single malt or blended, as well as knowing source of origin,” said the judge.
He said there had been no incidents of actual confusion in the 11 years that both brands had been sold.
“The respondent (KZN Wines and Spirits) has made it perfectly clear that its whisky is its own… There have been no instances of actual confusion which seems to support the contention that there is an absence of likelihood of confusion or deception.”
The Mercury