Last Orders For Cardhu?

The BBC reports on a tempest brewing inward the Highlands. Diageo, the distillers of Cardu whisky bring started using the Cardhu advert as well as label on a mixture of vatted malts sourced from diverse distilleries. Previously the advert had simply been used on a unmarried malt produced solely past times the Cardhu distillery inward Knockando. Whisky-lovers as well as competitor distillers are unhappy, claiming that the continued role of the advert is misleading as well as damages the reputation of unmarried malt whiskies. Diageo explains that it is necessary to role the advert on blends because stocks of Cardhu are running low, thank you lot to the popularity of the production inward countries such every bit Spain, Italy, Hellenic Republic as well as France. It claims that whatsoever confusion volition endure averted because it has been transparent close making the alter as well as volition sell the blends every bit “pure malt” rather than “single malt”.

has been known to bask a wee dram but he cautions that merchandise marks are liable for revocation nether s.46(1)(d) of the Trade Marks Act 1994 if they are used inward a mode that is liable to deceive the public. This provision is expressed inward wide damage as well as does non explicate what classify of role is regarded every bit beingness deceptive.

Drinkers of CARDHU whisky bring been taught to hold back a whisky that comes from a unmarried distillery,by the role of the accompanying term "single malt". It may thence endure argued that, past times using the CARDHU rank on a whisky unlike to that which earth has been taught to expect, the role of the same rank inward relation to a blended whisky volition mislead the public. This declaration depends on the supposition that deception is established through the context of the role to which a rank is set rather than through the nature of the rank itself. If this declaration holds true, as well as so merchandise rank owners mightiness uncovering it hard to alter whatsoever production which is known to bring certainly specific qualities or to come upwards from a unmarried source.

Whether Diageo’s role is deceptive volition depend on whether earth previously perceived the whisky every bit coming from a unmarried distillery as well as whether they yet perceive it every bit coming from that distillery or if the role of the term “pure malt” has dispelled this perception.

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