Glencairn Crystal, a family-run enterprise in South Lanarkshire, Scotland, and maker of the acclaimed Glencairn whisky glass has sued Californian firm Wine-n-Gear for alleged product and copyright infringement.
The Glencairn glass, designed by the corporate’s founder, Raymond Davidson, is an internationally famend product. Thought-about the most effective glass on the earth for whisky tasting by many lovers, over 40 million models have been offered globally, based on The Scotsman.
The Glencairn Crystal Glass
The Glencairn Crystal glass, launched in 2001, is described by its producer as “the world’s first official whisky glass”. It encompasses a tulip-shaped silhouette and a large bowl that tapers upwards to a narrower rim. This design is meant to pay attention the whisky’s aromas, enhancing the nosing expertise. The bowl sits on a brief, sturdy, flat base, providing stability and ease of dealing with.
The Scotch Whisky Affiliation (SWA) even endorses the glass. It’s utilized by distilleries and drinkers all over the world, with U.S. gross sales accounting for nearly 5% of world gross sales.
The Accusations In opposition to Wine-n-Gear
In accordance with Glencairn’s legal professionals, California-based Wine-n-Gear has been promoting whisky-related merchandise utilizing the Glencairn identify and imitating the well-known whisky glass. The Scotsman reported that Wine-n-Gear’s alleged practices are “infringing and misappropriating [Glencairn’s] unique rights and goodwill.”
Additionally it is claimed that Wine-n-Gear has been promoting its imitations as real Glencairn merchandise.
The court docket submitting, which was filed within the U.S. District Court docket for the Japanese District of California, states the next:
“Wine-n-Gear is knowingly exploiting the industrial success and international recognition of the Glencairn emblems to Wine-n-Gear’s industrial benefit by promoting and promoting the infringing merchandise and utilizing the Glencairn emblems to promote these merchandise.”
“Wine-n-Gear’s copying of the Glencairn emblems is more likely to deceive, confuse, and mislead precise and potential purchasers earlier than, throughout and after buy into believing that the whisky glass offered by Wine-n-Gear is manufactured or authorised by, or in some method related to, Glencairn.”
It additionally alleges that 4 merchandise offered by Wine-n-Gear used the trademark ‘Glencairn’ and likewise displayed photographs of a whisky glass an identical to Glencairn’s well-known product. Glencairn argues that that is deceptive to customers and damaging to Glencairn, on condition that the corporate has invested closely in constructing a trademark that conveys belief and premium high quality.
Glencairn’s intention is to cease Wine-n-Gear from manufacturing and promoting the “illegal” merchandise and from utilizing Glencairn’s mental property. It additionally seeks damages for Glencairn along with the earnings made by Wine-n-Gear from the gross sales of its items.
What Will Occur Now?
O’Melveny & Myers, Glencairn’s authorized representatives, have requested that the case proceed to a jury trial. The agency factors out that they despatched a stop and desist letter to Wine-n-Gear in September 2024, and alleged that they by no means acquired a response. Nevertheless, Wine-n-Gear did later replace its web site to take away the phrase ‘Glencairn’.
