Blake Dawson - “Glenn oaks” bourbon not likely to mislead or deceive

Elizabeth Ireland and Lisa Ritson of Blake Dawson report on Scotch Whisky Association v De Witt [2007] FCA 1649, in which the Federal Court has upheld a decision of the Trade Marks Office that the use of the mark “Glenn Oaks” in relation to a bourbon product was not likely to confuse, deceive or mislead consumers to think the product was of Scottish origin, or was a whisky, not a bourbon. In reaching the decision, the Court examined market differentiation between bourbon and whisky products, and consumer habits in relation to both products. Whilst the mark was accepted for registration, the Court modified the class of goods for which the mark could be used to explicitly exclude products labelled as “whisky”.

Scotch Whiskey was refused leave to appeal the decision in Scotch Whiskey Association v De Witt [2008] FCA 73 on 14 February 2008.

Blake Dawson - “Glenn oaks” bourbon not likely to mislead or deceive


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