Legal battle to protect the name of Dores-based Loch Ness Spirits will cost owners of the Highland company more than £30k
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The owners of Loch Ness Spirits have vowed to fight to retain the right to use the name.
The company, owned by Dr Lorien Cameron-Ross and Kevin Ross, previously won a case in a dispute with Duncan Taylor Scotch Whisky Limited, It has been confirmed it will now appeal that decision.
The UK Intellectual Property Office (IPO) had ruled in December that Duncan Taylor could not cancel trademarks belonging to Loch Ness Spirits because it failed to provide "convincing evidence" that it had an earlier right to use the phrase.
Duncan Taylor claims to have used the trademark since 2008.
So far, more than £3000 has been raised to meet the costs of the appeal litigation that is being brought by Duncan Taylor Scotch Whisky Limited.
Dr Cameron-Ross said the name and use of the trademark Loch Ness was an issue that should be defended. She said: "The UK IPO appeal against the decision has been confirmed and we are now having to defend ourselves, again."
Loch Ness Spirits makes gin and an award-winning absinthe.
She continued: "Costs are rocketing. We had a great response to a GoFundMe page when we launched it. Now that it is confirmed we will be looking to raise the full amount.
"We have had more than 1000 supporters on our Facebook page and have had countless others contact us privately. This includes locals, non-local supporters and industry professionals.
"They are truly Loch Ness legends and recognise the importance of protecting the only distillery on Loch Ness especially given its heritage and provenance."
Dr Cameron-Ross continued: "We have not pushed it on social media recently as we were waiting to see if the appeal was going ahead or not or not and also if Duncan Taylor would accept our third invitation to find a solution.
"Regrettably they have not. They seem intent on pursing this aggressive appeal.
"They claim they are a small company and by a business definition they are small. By the same definition we are classified as micro. Size is always relative.
"We are currently a two-employee company and are determined to survive and grow from micro to small."
A spokeswoman for Duncan Taylor Scotch Whisky Limited said: "Duncan Taylor has owned and used the trade mark LOCH NESS for Scotch whisky since 2008. Our loyal local employees have spent significant time and effort building our LOCH NESS brand for Scotch whisky for twelve years.
"When we became aware that Loch Ness Spirits had commenced use of the trade mark LOCH NESS for small batch gin in 2016, as the owner of goodwill and reputation in the mark LOCH NESS for Scotch whisky, nurtured since 2008, our concern was to ensure that consumers could continue to be able to rely upon the brand LOCH NESS to identify our Scotch whisky.
"As our intention has always been to concentrate on building our brand, we were very much in favour of moving forward by putting in place an agreement with Loch Ness Spirits that defined exactly how the two parties would ensure the integrity of the respective brands, and we understood from them initially that they were also. Indeed, as far as we were concerned, an agreement was brokered by an independent mediator. However when Loch Ness Spirits subsequently requested significant financial compensation before the agreement was signed, we were unable to conclude the agreement on their terms.
"Since that date, all that we have attempted to do is to safeguard our position for the benefit of our customers and our workforce. When a first instance decision at the UK IPO relating to Loch Ness Spirits' trade mark registrations went in favour of Loch Ness Spirits for reasons that we genuinely believe are wrong, we took up the invitation to appeal the decision, as is our statutory right, for the purpose of protecting our brand and our local business.
"We have refrained from making any comment on inaccurate or damaging reports to date. However, in the interests of fairness to those who feel moved by those reports to take a position on this matter we must put on record that we have not received any approach to settle the matter from Loch Ness Spirits since we were unable to meet their financial demands. We reiterate that we continue to act only to preserve the position that we have built over time, through local investment and hard work, and ask only that interested readers take the time to review the facts before taking a position."
