Scottish whisky firm in US copyright row
A lawsuit filed by Joseph A. Magnus & Co in Washington DC claims whisky distillers Highland Park does not have the right to use the mark “Magnus” on a Highland Park malt whisky it sells in the USA.
The company has argued that the Scotch design by the Highland distillers ” “bears a similar design and overall appearance” to its own “Magnus” labels.
Highland Park said the issue had been passed to its lawyers “for review”.
The lawsuit, which has been seen by BBC Scotland, claims that both Joseph A. Magnus’s spirits and the Highland Park bottle in question feature “a solid black label with stylised white writing and design”.
The action, which was filed in a District of Columbia court on 6 November, also accuses Edrington Group-owned Highland Park of “false designation of origin and unfair competition”.
Joseph A. Magnus & Co claims that it has continuously used the “Magnus-formative marks” in relation to its distilled spirits in the USA since 2015, around two years before Highland Park began to distribute its “Magnus” expression.
The US company is asking the court to grant an injunction which will prevent Highland Park from using the mark. The firm is also seeking damages.
A spokesman for Highland Park said: “We’re aware that a claim has been made in the US and the matter has been passed to our lawyers for review.”