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Scotland versus Swabia

Since 2013, the Berglen-based distillery “Waldhornbrennerei Klotz” has been marketing its single malt whisky named "Glen Buchenbach". The choice of this designation led to ongoing disputes between the distillery Klotz and the "Scotch Whisky Association" (SWA) since 2013. Reason for that is the opinion of the SWA that by usage of the word "Glen", which has its origin in Gaelic and means as much as "valley", a scottish origin of the whisky is suggested.

The ongoing dispute has now been decided on appeal by the Hanseatic Higher Regional Court (OLG) in Hamburg in a judgment handed down on January 20, 2022 (Case No. 5 U 43/19), confirming the decision of the Regional Court (LG) of Hamburg handed down in the lower instance. Thus, the OLG is also of the opinion that the sole use of the word "Glen" suggests a Scottish origin of the whisky . Thus, due to misleading with regard to the protected indication of origin "Scotch Whisky", the term “Glen” may not be used for the designation of whisky that does not originate from Scotland.

Whether the distillery Klotz will take further steps in the legal dispute to proceed against the judgment is currently unknown.

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