Tequila Regulators Triumph Over ‘Genquila’ Spirits; Exploring the Complicated History of Tequila Trademark Battles

(Photo: Dutch Genquila)

The Tequila Regulatory Council (CRT) has won an appeal in European court against a rival tequila-adjacent spirits brand.

The product in question is Dutch Genquila, an “authentic Dutch drink” distilled from genever, botanicals and agave extract. Described as a synthesis of two nations’ favorite spirits, the product’s inclusion of “quila” ruffled the feathers of regulators eager to protect tequila’s designation of origin — unless distilled in a handful of specific Mexican states, the term is subject to strict regulation.

“When the relevant EU consumer of the goods at issue, who is reasonably well informed and reasonably observant and circumspect, is confronted with the sign ‘DUTCH GENQUILA’, the image triggered directly in his/her mind is that of the product whose geographical indication is protected, namely ‘TEQUILA’ spirit drinks,” the appeal board wrote.

Products like Dutch Genquila represent an oft-debated crossroads in the spirits market. As tequila’s popularity balloons year after year, an increasing number of non-Mexican distillers are throwing their hats into the ring. Most use generic region-specific names like “California Agave Spirits” or “South African Agave Spirits.” Some push the boundaries in imaginative ways.

Last June, UK-based Quarter Distillery unveiled a botanical-infused “T/quila” distilled across the pond using imported Blue Weber agave.

(Photo: Bunsters)

Others have taken the concept in even bolder directions. Bunsters — best known throughout Australia as a popular hot sauce brand — recently released a line of agave liqueurs featuring inventive flavors such as Peanut Butter, Fruit Zingle and Shit The Bed. Each bottle declared “Tequila” in all caps followed by a tiny “NA” (not applicable) to avoid trademark infringement. Within months, all mentions of Tequila were removed from its branding.

Just as true feta cheese can only be made in Greece or true champagne be made in France, tequila’s designation of origin is bound to be challenged again and again as the market thirsts for agave spirits.

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