Scotch Whisky Association v De Witt [2007]

The Scotch Whisky Association objected to the registration of a trademark called “Glenn Oaks” in relation to an American Bourbon product. It objected on the grounds that the trademark was misleading and deceptive, that consumers would believe the product to be whisky and not bourbon. The Federal Court found that - despite the fact that all the other spirits with the word “Glen” in the name were in fact Scotch whiskies - whisky is not an impulse purchase and the reasonable consumer of whisky would be able to tell between a scotch and a bourbon.