St Andrews Links has taken legal action against a Fife gin company before it has even sold a bottle.
Businessman Giorgio Cozzolino has spent almost £500,000 developing Old Tom Gin 1821 over the last three years.
His work has secured a deal to be an official supplier to the Ryder Cup 2023.
The spirit’s bottle has a golf ball stopper, a luxurious box and carries a £180 price tag.
It was set to launch to the public this month to take advantage of the lucrative Christmas market.
But the future of the company is now uncertain after an intellectual property claim from St Andrews Links, which operates seven golf courses in the town.
Old Tom dispute – gin or famous golfer?
It told the gin company is infringing its copyright on the name Tom Morris, the famous Scottish golfer viewed as the father of the game.
Mr Cozzolino said: “They are saying Old Tom could relate to Old Tom Morris but Old Tom is a style of gin in the same way as London dry or Plymouth gin.
“They are uncomfortable that we are using St Andrews on the bottle, but we are a company registered in St Andrews. It’s astonishing.”
Legal letters from St Andrews Links also note the date on the bottle of 1821 is the year of Old Tom Morris’ birth.
Mr Cozzolino said the numbers added together equal 12, the number of players on a Ryder Cup team.
The 57-year-old businessman does not agree he has infringed the intellectual property and thinks a legal judgement could take several years.
Ryder Cup deal now in doubt
But last week PGA European Tour said he could not associate with the Ryder Cup until he resolves the IP dispute.
Old Tom Gin 1821’s business plan, packaging and price point is built around its association with the tournament.
So far almost £400,000 has been spent without even accounting for the cost of the gin, which is made in Italy. Mr Cozzolino intends to move production to Scotland.
Costs include:
- luxury box packaging £45,000
- crystal bottle stopper £250,000
- bottle £40,000
- two moulds £25,000
- design costs £10,000
- patent costs £15,000.
In addition, the Ryder Cup has been paid a first payment of £80,000.
Mr Cozzolino said: “I am pleading with St Andrews Links to help the community of St Andrews and not destroy my business. I don’t know what to do.
“It’s not just the money. It’s been three years of work.
“Our lawyers say they don’t have the right. It could take two or three years to resolve in the courts and the costs would be huge.
“Right now I’m a destroyed man. I can’t even face this not working out.”
Mr Cozzolino was to launch his brand with an initial run of 3,000 bottles.
But he believes he could sell up to 100,000 units under the Old Tom brand in the next two years.
He is in talks with the Ryder Cup about his deal, stating there has been no judgement against him.
St Andrews Links’ position on Old Tom Gin
St Andrews Links is a charitable trust. It reinvests profits to help protect and maintain the world famous courses it operates in St Andrews.
Commercial director Danny Campbell said its “significant” portfolio of trademarks include St Andrews, Tom Morris and the Home of Golf.
He said: “We have no concerns with the branding of the gin as Old Tom Gin. This is a recognised method of producing gin.
“However, the presence of 1821 and the St Andrews connection change the association from the type of gin to the identification of Old Tom Morris.
“As a result we believe this product is likely to cause confusion and could mislead members of the public into thinking it is an official St Andrews Links product.
“This coupled with promotional and marketing material could potentially cause substantial damage to our reputation and goodwill.
“We have raised our concerns with representatives of Old Tom Gin and invited them to participate in a call to discuss our concerns in greater detail.”
Last year St Andrews Links lost a legal battle to register St Andrews as a trademark for travel, accommodation and catering services.
A spokesperson for Ryder Cup Europe said: “We are aware of this issue and are currently looking into it. We will therefore make no further comment at this time.”
