A Fife businessman is “suffering” as legal action means he can’t sell gin while thousands of visitors descent on St Andrews for The Open.
Giorgio Cozzolino has spent almost £500,000 developing Old Tom Gin 1821 over the last three years.
Golf is a key aspect to his brand and he won a contract 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 in November last year to take advantage of the lucrative Christmas market.
But his plans were thrown into disarray by a legal claim by St Andrews Links, which operates seven golf courses in the town.
What is the copyright claim?
St Andrews Links claims the gin’s name infringes its copyright on the name Old Tom Morris, the famous Scottish golfer.
At one point, St Andrews Links said the gin could be sold if it was paid a royalty, but the Fife businessman refused.
It means that not only has Mr Cozzolino missed out on the Christmas market but also won’t benefit from thousands of spectators arriving in St Andrews this week.
He said: “St Andrews Links tried to register trademarks for Old Tom and 1821 with EU Intellectual Property Office.
“I have opposed these registrations. How can you trademark a year? Old Tom is a style of gin.”
Legal letters from St Andrews Links note 1821 is also the year of Old Tom Morris’ birth.
Last week, Mr Cozzolino received news the EU trademark claim for 1821 has been withdrawn by St Andrews Links. The other claims remain in place.
High Court action by Ryder Cup
The intervention by St Andrews Links has also jeopardised his deal with the Ryder Cup.
It does not want to associate with Old Tom Gin 1821 until the intellectual property dispute is settled.
The Ryder Cup and the Fife gin company are now also in a legal dispute.
Old Tom Gin was to pay £350,000 to the Ryder Cup to be the official gin but when the copyright dispute emerged PGA European Tour said the Fife firm could not associate with the competition.
An initial payment of £80,000 was made. Now the Ryder Cup is now taking Old Gin to court over a second payment for £145,000.
Mr Cozzolino said: “The Ryder Cup say we are in contract breach because we didn’t pay the fee. If we are restricted, I don’t know why we have to pay the fee.
“From our point of view, they are in breach of the contract by restricting us selling the gin.
“The matter is being heard at the High Court in London.”
Old Tom Gin investment
Mr Cozzolino has invested huge sums into the business with luxury packaging already produced for the alcoholic drink.
Costs include luxury box packaging (£45,000), crystal bottle stopper (£250,000), and bottles (£40,000).
“This has dragged on for months and we’re still hopeful that we can resolve the issues with St Andrews Links.
“Not only have I lost last year’s Christmas sales but now The Open means thousands of people coming to St Andrews and I can’t sell a single bottle.
“We are suffering.”
A spokesperson for Ryder Cup Europe said: “As this is an ongoing legal matter, it would be inappropriate for us to comment at this time.”
Danny Campbell, commercial director at St Andrews Links Trust, said: “As a charitable trust which invests all profits back into protecting and maintaining the links on behalf of the people of St Andrews, it is imperative we protect our commercial interests and take action where this is threatened.
“Our commercial activity includes a significant global portfolio of trademarks and it is our duty to act when individuals and businesses, in Scotland and beyond, use our intellectual property and trade on local heritage, tradition and success in inappropriate ways and without our permission.
“While it would be inappropriate to comment on individual ongoing disputes, we are always open to dialogue with relevant parties to resolve any situation.”
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