Boutique New Zealand distillery, the New Zealand Whisky Collection has found itself in the midst of a trademark battle with Scottish whisky giant William Grant & Sons.
William Grant & Sons, makers of famed dram The Balvenie DoubleWood, is alleging that the New Zealand Whisky Collection’s drop, Dunedin DoubleWood's name is too similar, and has the potential to cause confusion between the two brands.
Both companies have laid claim to the use of the term ‘double wood’ which is in fact a term used to describe a barrel technique used during the maturation process of whisky.
New Zealand based solicitor, Simpson Grierson issued a statement on behalf of William Grant & Sons, stating that the company was working towards “resolving a dispute over the use of the DoubleWood trademark.”
“William Grant & Sons has used its DoubleWood trademark, which is distinctive when used in relation to alcoholic beverages, in New Zealand since 1994. This use significantly predates the New Zealand Whisky Company’s comparatively recent use,” the statement reads.
CEO and co-owner of the New Zealand Whisky Collection, Greg Ramsay says that is would be quite difficult to mistake one product for the other.
“Our bottle has a map of New Zealand on it, prominently says ‘New Zealand Whisky Collection’ and has a black box. It could not possibly be confused with The Balvenie which has a white box, white label, and to my knowledge doesn’t refer to New Zealand at all,” Ramsay told the Australian Financial Review.
“Technically you shouldn’t be able to register as a name something that refers to a common process,” he says. “We’d prefer not to go down the legal path but we’ll do what we have to do to defend Dunedin DoubleWood.”
William Grant & Sons say that they are simply seeking to protect the “craftsmanship, artistry and expertise” associated with The Balvenie DoubleWood.
“William Grant & Sons has approached the New Zealand Whisky Company on numerous occasions in an attempt to draw the matter to a close but without response since September 2013. It will continue in its efforts to seek a solution that both parties agree on,” a statement from the company reads.
Ramsay says he has a great deal of respect for the Scottish whisky giant, however he is prepared to defend his distillery’s product.
“Anyone and everyone I’ve talked to about their legal threat thinks its laughable and legally weak, but sadly we have to take it very seriously and I am still hoping we can resolve this amicably,” he says.
“They’re a great company and Balvenie DoubleWood is actually a rather nice dram, and (William Grant & Sons is) the kind of company that might want to invest in New Zealand whisky one day.”