Whisky firm fails in claim to the name Loch Ness

Loch Ness being a large and well-known area was among the counter arguments in the case

A whisky business has failed in its bid to claim the name "Loch Ness" just for its whisky products.

Duncan Taylor Scotch Whisky Limited claimed to have used the name of the famous Highlands loch since 2008.

It sought to have six trademarks of another business, family-owned Loch Ness Spirits Limited, cancelled.

But the Intellectual Property Office (IPO) has rejected Duncan Taylor Scotch Whisky Limited's case following a hearing.

Duncan Taylor Scotch Whisky Limited owns of one of the largest privately-held collections of Scotch whisky casks, and is a producer of Scotch whisky and other products.

It argued it had used the name Loch Ness through a subsidiary company, The Original Loch Ness Whisky Company Limited, since 2008.

The business applied to the IPO to have family-owned Loch Ness Spirits' trademarks using the loch's name, including for a gin and a vodka, invalidated.

Loch Ness Monster

Among Duncan Taylor Scotch Whisky Limited's arguments was that the rival business' use of Loch Ness would cause confusion.

Loch Ness Spirits' counter arguments included that a business could not claim exclusive use of a large and well-known geographical area.

It further argued that the "most dominant and memorable" element of its labelling was a "monstrous creature" - Loch Ness Monster - rather than the words Loch Ness.

Dr Lorien Cameron-Ross, co-owner of the business, said the words Loch Ness were chosen because her family had lived on the banks of the loch for more than 500 years.

In its decision, the IPO rejected Duncan Taylor Scotch Whisky Limited applications.

The hearing officer said that the business not being able to show it was the owner of any "goodwill" generated from its use of Loch Ness in relation to whisky was a "sufficient reason" alone for his decision.