Glencairn Takes California Company to Court Over ‘Copying’ Iconic Whiskey Glasses

Glencairn is taking a California company to court over its iconic glassware and name. (Photo: Press Association via AP Images)

The Scotsman reported on Sunday that Glencairn Crystal, a family-run Scottish company known for its iconic whisky glasses, is taking a California company, Wine-N-Gear, to court. Glencairn claims Wine-N-Gear is using its trademarked name and signature whisky glass shape without permission.

“Wine-n-Gear is knowingly exploiting the commercial success and global recognition of the Glencairn trademarks to Wine-n-Gear’s commercial advantage by advertising and selling the infringing products and using the Glencairn trademarks to sell those products,” the court filing read, according to The Scotsman.

The filing alleges that Wine-N-Gear “willfully copied” the Scottish brand’s name and advertised its products under the brand’s name to generate sales. Glencairn claims that Wine-N-Gear sold thousands of dollars worth of misleadingly labeled glassware.

The Scottish company intends to force Wine-N-Gear to stop making and selling these products, using Glencairn’s intellectual property and is asking for additional damages. The outlet reports that Glencairn is escalating matters after it sent a cease-and-desist letter to Wine-N-Gear in September but never heard back.

Lawsuits in the whiskey world over trademark violations are fairly common. In a competitive market that grows increasingly oversaturated by the minute, spirits brands have to protect what they believe sets them apart.

In February, Diageo’s Bulleit Frontier Whiskey defended its victory against the parent company of Redemption Whiskey, W.J. Deutsch & Sons, in the 2nd U.S. Circuit Court of Appeals in Manhattan. The spirits giant claimed its Bulleit Frontier Whiskey brand was famous for its signature packaging and that Deutsch had knowingly used its packaging to capitalize off Bulleit’s fame.

The lawsuit finally drew to a close after Diageo sued the company in 2017 over the design of its bottles, claiming that W.J. Deutsch & Sons designed its bottles “to closely mimic” the squat Bulleit bourbon bottles. Representatives for Deutsch argued that Bulleit was not a famous enough brand to have trademark issues and that it should still be able to sell its whiskey in bottles that looked similar to bottles of Bulleit Frontier Whiskey.

The court did not agree and referenced the famous jewelry store Tiffany’s, with its signature bright blue boxes.

“A third of the people in the country have no idea what Tiffany is, but lots of people do,” Senior U.S. Circuit Judge Barrington Parker opined.