Chivas Brothers suing rival over imitation claims

A GLOBAL whisky brand has launched a £250,000 lawsuit claiming customers are being duped into buying a "poor imitation" of its famous Scottish tipple.

Chivas Brothers says the labelling and silver packaging of another Scottish drink copies the design of its multi-million-selling Chivas Regal 12-year-old whisky.

The firm, which was established in 1801, is taking action against Glencairn Scotch whisky, and its director Raymond Davidson, which sells the Chivalry Special Reserve Scotch whisky brand. But Glasgow-based Glencairn is hitting back and is suing Chivas for using the word "chivalry" during a high-profile advertising campaign in 2008.

It is the latest skirmish in the legal battle for a share of the Scottish whisky industry, which is worth up to 3.5 billion a year. Legal papers detailing both actions have been lodged with the Court of Session in Edinburgh.

According to court submissions made by lawyers acting for Chivas, Chivalry is of "comparatively poor quality". But Chivas Regal 12-year-old has became a "globally recognised brand" since it was launched in 1950, it has been claimed.

Court statements explaining the action said: "As at the point of export from Scotland, the defenders' whisky is an inherently deceptive product, calculated to cause confusion to consumers and to the trade in all countries in which the pursuers have established markets. Members of the public and of the trade have already experienced such confusion.

"Since 1961 Chivas Regal 12-year-old has been packaged within a highly distinctive rectangular embossed silver gift box featuring Scottish heraldic symbols and representations of medieval arms, armour, jousting equipment and fortifications."

The label also uses the coat of arms of Chivas Brothers, with the words "Chivas Regal" and "blended Scotch whisky" displayed on it, and depicts a knight on horseback.

However, a bottle of Chivalry is also packaged in a curved glass bottle with a silver and gold label, claims Chivas Brothers, and the silver box it is sold in features Scottish heraldic symbols, medieval arms, armour, jousting equipment and fortifications.

The lettering of the word Chivalry on the box is mostly gold, according to court papers. And the label also includes a coat of arms, a knight on horseback holding a lance and curved scrolls.

Glencairn and Davidson claim there is no linguistic similarity between the words "Chivalry" and "Chivas". They deny their drink is of "comparatively poor quality". Their lawyers said: "There is no risk of the two brands being confused with each other from their labels or their packaging."

Glencairn and Davidson have "no desire" to pass off Chivalry whisky as having any link to Chivas Regal, lawyers claim.

The battle between the two is due to call again at the Court of Session next month.