Do you prefer scotch or German Whisky? CJEU judgment in the Scotch Whisky and Glen Buchenbach dispute

Case C-44/17, Scotch Whisky Association v Michael Klotz, 7 June 2018 (Fifth Chamber) The CJEU issued a preliminary ruling in a dispute between the protected indication of geographical origin Scotch Whisky and the disputed sign Glen Buchenbach over the right to use the designation Glen. The CJEU provided further clarification of the four protection norms for safeguarding protected indications of geographical origin. Commencing with interpreting the phrase any direct or indirect commercial use, the CJEU established that the term use refers to the visual appearance of a protected indication covering its use in either an identical or similar form in the disputed sign. The terms direct and indirect refer to the way in which appearance takes place: The former term covers affixing a disputed sign directly on the product (ie labelling); the latter term comprises other forms of use such as advertising or accompanying documents. Further, the CJEU held that evocation means evaluating whether an average European consumer thinks directly of a protected indication of geographical origin when confronted with an infringing sign. Finally, the CJEU averred that assessing whether a disputed sign is used either as an evocation or as a false and misleading indication does not depend on the context in which the sign is used. Article 16 of Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89, OJ L-8, of 13.2.2008, pp 16-54 [Spirits Regulation].