A recent legal dispute has emerged between a Scottish whisky distillery and Portuguese wine makers over the use of the term “Port.” The Port of Leith Distillery, the first vertical whisky distillery in the UK, has successfully registered its name despite objections from the Douro and Port Wine Institute, which represents Portuguese port producers. This ruling is significant not only for the distillery but also for other UK beverage firms that utilize the term in their branding.
The Port of Leith Distillery, located in Edinburgh, opened its doors in 2023. It aims to revitalize the historic port area, which has long been associated with whisky production. The distillery not only produces whisky but also serves as a tourist attraction, creating approximately 50 long-term jobs in the local community.
The Douro and Port Wine Institute raised concerns that the use of the name “Port” by the distillery could confuse consumers and unfairly benefit from the established reputation of Portuguese port wines. Under EU trademark laws, the names “Port” and “Porto” are protected designations of origin, meaning they can only be used for products originating from specific regions in Portugal.
In response, the Port of Leith Distillery argued that the term “Port” in their name refers to the geographical location of the distillery rather than the type of wine. This distinction was crucial in the legal proceedings.
The European Intellectual Property Office ultimately ruled that the Port of Leith Distillery could register its name for spirits, but not for port wines or sherries. This decision allows the distillery to continue using the name while respecting the trademark protections afforded to Portuguese wine makers.
