D’Aquino Bros accused of violating trademark laws by selling fake "Scotch" in Australia

The Scotch Whisky Association (SWA) has accused D’Aquino Bros Party Ltd. and seven related parties of breaching Australian and international trademark laws by selling liquor improperly labelled as "Scotch" in Australia.

The legal requirements regarding the making of Scotch are strict. One of the requirements is that the product must originate in Scotland.

If the Federal Court of Australia finds that D’Aquino’s products fail to meet the requisite standards, it may issue an injunction preventing D’Aquino from selling products labelled “Scotch” and “Scotch whisky” in Australia. The SWA is also seeking damages for “acts of trademark infringement” and “flagrant” conduct causing consumers to be deceived.

The claims were brought following an investigation by ABC which found that D’Aquino’s brand “The Black Scot” lacked the chemical compounds of a true Scotch and thus was not made in Scotland, as advertised. Two other brands by D’Aquino, “The Clansmen” and “J.B.R Scotch Whisky”, have also been named as part of the suit.

The Australian Competition and Consumer Commission and the NSW Food Authority are also investigating the authenticity of D’Aquino’s tequila products, pursuant to an ABC report finding that the tequila was not made in Mexico, as required.

Author: Daniela Cerrone, 2018 Summer Student-at-law