--- title: "VigiaLabs — Wine counterfeiting and counterfeit whisky: misuse of protected names online" description: "“Sussex-style” sparkling wine, “Welsh type” single malt or a web address built on a protected name. See in eight scenes how VigiaLabs detects and documents the online misuse of protected wine and spirit drink names." url: https://www.vigialabs.ai/en/protected-food-names/wine-and-spirits/ language: en updated: 2026-10-23 alternates: en: https://www.vigialabs.ai/en/protected-food-names/wine-and-spirits/index.md es: https://www.vigialabs.ai/es/denominaciones-de-origen/vino/index.md fr: https://www.vigialabs.ai/fr/appellations-d-origine/vin/index.md pt: https://www.vigialabs.ai/pt/denominacoes-de-origem/vinho/index.md it: https://www.vigialabs.ai/it/tutela-dop-igp/vino/index.md de: https://www.vigialabs.ai/de/geografische-herkunftsangaben/wein/index.md --- [Protected food names](https://www.vigialabs.ai/en/protected-food-names/) WINE AND SPIRITS # A protected name is not a style of wine or whisky. *In adverts, online shops, marketplaces and domain names.* ## Animation in eight scenes: how the name of a wine or a spirit drink is misused online and how VigiaLabs documents it. 1. **The name — Names that no single business owns** Sussex and English, for wine, and Single Malt Welsh Whisky are names on the UK GI scheme registers. A producer can make and sell a wine or a spirit drink under a registered name only by following its specification and being verified to do so. 2. **The advert — “Sussex-style” still evokes the name** The rules protect a registered wine name against misuse, imitation and evocation, even when it comes with an expression such as “style”, “type” or “method”. The advert leans on a reputation that is not its own. 3. **The online shop — Saying where it comes from does not fix it** A specialist shop sells an “English method” sparkling wine made in another country, and says so. The protection applies even if the true origin of the product is indicated. 4. **The marketplace — Four listings, two misuses** For wines and spirit drinks, the list of expressions that do not excuse an evocation also includes “flavour” and “like”. The UK rules do not single out online selling, and they make no exception for it. In the same results, the genuine whisky sits beside those that only borrow its name. 5. **The domain — The protected name, inside the web address** A shop puts Sussex in its web address and sells sparkling wines made elsewhere. The UK rules say nothing specific about domain names; the EU regulation does, for all domain names accessible in the Union. Either way, the address shows the name being used to sell, and we record it as evidence. 6. **The rule — What articles 103 and 21 prohibit** In Great Britain, wine names are protected by article 103 of assimilated Regulation (EU) No 1308/2013 and spirit drink names by article 21 of assimilated Regulation (EU) 2019/787, in almost the same words: against any direct or indirect commercial use on products that do not qualify for the name, against any misuse, imitation or evocation, and against any other false or misleading indication. 7. **Monitoring — VigiaLabs finds where the name appears** We check adverts, online shops, marketplaces and domain names for the protected name. Each finding is kept with its dated screenshot, the web address, the seller and the wording used. 8. **The case file — The evidence, ready to act on** The producer group receives the case file. With its authorisation, we alert the advertiser or the shop and notify the platform. If that is not enough, the group or its lawyers can take the evidence to the enforcement body: in Great Britain, breaching the protection of a registered wine or spirit drink name is an offence. *The name means origin again.* **Description of each scene** 1. **Names that no single business owns.** A browser window headed “Three names on the UK GI scheme registers” with three bottles: a bottle of sparkling wine labelled “Sussex”, a bottle of wine labelled “English” and a bottle of whisky labelled “Single Malt Welsh Whisky”. A gold seal with the letters “PDO” appears above the first two; above the third, “GI”. On the right, under “What the name guarantees”, a large “PDO” seal and the label “Origin and method, verified”. 2. **“Sussex-style” still evokes the name.** “sussex sparkling wine” is typed into the search engine. Two adverts appear: “Sussex-style sparkling”, with “Next-day delivery · Made outside the area”, which is outlined in red, and “Sussex PDO sparkling wine”, with “Made to the registered specification”. On the right, a card “What the advert says” with “Sussex-style sparkling” and “Next-day delivery”, and below it the label “‘Style’ still evokes the name”. 3. **Saying where it comes from does not fix it.** A product page in an online shop: a bottle of wine, the title “Sparkling wine English method”, with “English method” in red and underlined, the line “Origin: outside England”, the price “£18.90” and the button “Add to basket”. On the right, three numbered labels appear: “Uses the name without the right”, “‘Method’ does not excuse it” and “Nor does stating the origin”. 4. **Four listings, two misuses.** A marketplace, headed “Marketplace › Whisky › Single malt”, shows four listings for whisky: “Single Malt Welsh Whisky”, from Seller A, which receives a tick; “Single malt Welsh type”, from Seller B, and “Malt whisky Welsh flavour”, from Seller C, which are outlined in red and marked with a cross; and “Single malt whisky, 70 cl”, from Seller D, with no mark. On the right, three numbered labels: “4 listings for the same product”, “2 use the name without the right” and “‘Flavour’ is on the list too”. 5. **The protected name, inside the web address.** A large address bar shows “sussex-wine-direct.example”, with “sussex” in red, and is outlined in red. Below it, the shop on that domain: “Sparkling wines from £7.90” and three bottles. On the right, three numbered labels: “Protected name in the domain”, “Used to sell other wines” and “Recorded as evidence of use”. 6. **What articles 103 and 21 prohibit.** The marketplace listings, with their marks, and on the right a card “Regulation (EU) 2019/787 · Article 21, as assimilated” with three rows that each receive a tick: “Commercial use on other products”, Prohibited; “Misuse, imitation or evocation”, Prohibited; and “False or misleading indications”, Prohibited. 7. **VigiaLabs finds where the name appears.** The VigiaLabs lighthouse sweeps the marketplace listings and a capture dot appears on each one. A case file records four items: “Dated screenshot of each listing”, “Wording used: Welsh type”, “Seller and web address” and “Rule: art. 21, Reg. 2019/787”, alongside “Screenshot · date · time · URL”. 8. **The evidence, ready to act on.** Three paths lead from the case file to “Producer group”, “Advertiser” and “Platform”. “Case file with the evidence” appears, with “Notice to seller and platform” and “Follow-up until it is corrected”. In the window the three genuine bottles return, each with its seal and a tick. IN SHORT ## Names that no single business owns Sussex and English, for wine, and Single Malt Welsh Whisky are names on the UK GI scheme registers. A producer can make and sell a wine or a spirit drink under a registered name only by following its specification and being verified to do so. - **The name** — A registered name can be used only for a wine or a spirit drink made to its specification, by a producer verified to follow it. - **The advert** — Adding “style”, “type” or “method” does not avoid the infringement: the name is still evoked. - **The online shop** — Stating the product’s true origin does not permit use of the name. - **The marketplace** — For wines and spirit drinks, “flavour” and “like” are on the list too, and the UK rules make no exception for online listings. - **The domain** — The UK rules do not mention domain names; the EU regulation does. A web address is still evidence of how a name is used. - **Monitoring** — VigiaLabs searches for the name and keeps each finding with its evidence. OUR APPROACH ## Your reputation extends beyond your website. ### What we examine - Brand mentions and visuals - Network membership claims - Changes on observed pages ### What you gain Visibility into possible confusion affecting your brand and authorised partners. 1. **VigiaLabs finds where the name appears** — We check adverts, online shops, marketplaces and domain names for the protected name. Each finding is kept with its dated screenshot, the web address, the seller and the wording used. 2. **What articles 103 and 21 prohibit** — In Great Britain, wine names are protected by article 103 of assimilated Regulation (EU) No 1308/2013 and spirit drink names by article 21 of assimilated Regulation (EU) 2019/787, in almost the same words: against any direct or indirect commercial use on products that do not qualify for the name, against any misuse, imitation or evocation, and against any other false or misleading indication. 3. **The evidence, ready to act on** — The producer group receives the case file. With its authorisation, we alert the advertiser or the shop and notify the platform. If that is not enough, the group or its lawyers can take the evidence to the enforcement body: in Great Britain, breaching the protection of a registered wine or spirit drink name is an offence. WHO IT IS FOR ## Whoever looks after a wine or spirit name needs to see where it is sold. The UK registers list 2,119 wine names and 360 spirit drink names. Six of the wines, 4 PDOs and 2 PGIs, and eight of the spirit drinks are of UK origin; the rest come from other countries and are protected in Great Britain all the same. The most recent is English Whisky, registered on 1 October 2026: more than 70 distilleries now produce it, according to Defra. - **Producer groups and trade associations** — Know which adverts, shops and domains show the name and who is using it without following the specification. For Scotch Whisky the law goes a step further: a distiller or blender, the owner of a Scotch Whisky brand or the Scotch Whisky Association can ask the court for an injunction, or an interdict in Scotland, when a drink made in the United Kingdom is sold or advertised as Scotch Whisky and is not (Scotch Whisky Regulations 2009, regulations 6 and 40). - **Verified wine producers and distillers** — Those who follow the specification and are verified compete with those who only borrow the name. The case file shows, case by case, what is offered, where and in what words. - **Law firms and trade mark attorneys** — Receive the facts already documented, with screenshot, date and web address, for a letter to the seller, a notice to the platform or a complaint to the enforcement body. In Great Britain, breaching article 103(2) is an offence under the Wine Regulations 2011, and misusing, imitating or evoking a registered spirit drink name is an offence under the Spirit Drinks Regulations 2008. Both are punishable by a fine. WHAT THE COURTS HAVE SAID ## Three rulings that show how far the protection reaches. Two were given by the Court of Justice of the European Union, in 2017 and 2018, before the United Kingdom left the EU; the third by the High Court in London, in 2020. The two wine rulings turn on article 103, which still protects wine names in Great Britain. The whisky ruling was given on the EU spirit drinks regulation that came before the present one. - **Stating the true origin is not enough** — A whisky produced in Germany was marketed as “Glen Buchenbach”; the registered name at stake was Scotch Whisky. The Court of Justice held in 2018 that, in deciding whether a name is evoked, no account is taken of the surrounding context or of the fact that the true origin of the product is indicated (Case C-44/17). - **An invented word can evoke the name** — A non-alcoholic sparkling wine produced in France was sold as “Nosecco”, and its label was put forward as a trade mark in the UK. In 2020 the High Court let the refusal stand: consumers were calling the drink “non-alcoholic prosecco”, and the judge saw a plain case of the mark evoking the PDO Prosecco under article 103(2)(b) ([2020] EWHC 1633 (Ch)). - **The name as an ingredient** — A sorbet was sold as “Champagner Sorbet”. The Court of Justice held in 2017 that using a protected name in the name of a food that contains the wine as an ingredient exploits its reputation if the food does not have, as one of its essential characteristics, a taste attributable primarily to that ingredient (Case C-393/16). ### Wines with a PDO - Sussex - English - Welsh - Darnibole ### Wines with a PGI - English Regional - Welsh Regional ### Spirit drinks - Scotch Whisky - Single Malt Welsh Whisky / Wisgi Cymreig Brag Sengl - English Whisky / English Whiskey - Somerset Cider Brandy - Dovey Native Botanical Gin - Irish Whiskey / Uisce Beatha Eireannach / Irish Whisky - Irish Cream - Irish Poteen / Irish Poitín Official sources read on 7 October 2026. The figures are a count of the UK registers on that date. *Illustrative case · VL / VINO* - **Marketplace › Whisky › Single malt**: Single Malt Welsh Whisky — Seller A · Single malt Welsh type — Seller B · Malt whisky Welsh flavour — Seller C · Single malt whisky, 70 cl — Seller D - **What the advert says**: Sussex-style sparkling · Next-day delivery · Made outside the area *The advert · The marketplace · The domain* The rule ## What articles 103 and 21 prohibit In Great Britain, wine names are protected by article 103 of assimilated Regulation (EU) No 1308/2013 and spirit drink names by article 21 of assimilated Regulation (EU) 2019/787, in almost the same words: against any direct or indirect commercial use on products that do not qualify for the name, against any misuse, imitation or evocation, and against any other false or misleading indication. Monitoring: We check adverts, online shops, marketplaces and domain names for the protected name. Each finding is kept with its dated screenshot, the web address, the seller and the wording used. 1. Dated screenshot of each listing 2. Wording used: Welsh type 3. Seller and web address 4. Rule: art. 21, Reg. 2019/787 PUTTING THE PLATFORM ON NOTICE ## The platform decides. The case file puts on record that it was told. Whether an ad is removed is the platform’s decision. A case file with dated, verifiable evidence puts on record that it was told. Under the Electronic Commerce (EC Directive) Regulations 2002, a host is not liable for what it stores while it has no actual knowledge that it is unlawful; once it knows, it keeps that protection only if it acts expeditiously to remove the information or disable access to it. ### What a court looks at in a notice - Whether it reached the provider through its published contact details - The sender’s full name and address - Where the information is - Why it is unlawful ### What a notice does not guarantee No notice guarantees removal. Knowledge is judged ad by ad: the record does not make the platform liable for what it was never told about, and whether the protection is lost in a given case is for a court to decide. 1. **A notice the platform can check** — Each notice gives the exact address of the ad, explains why it is unlawful and attaches dated evidence that a third party can verify. The platform can assess the facts without investigating them itself. 2. **A record of notices and replies** — VigiaLabs keeps every notice sent and every decision of the platform, with their dates. If the ad comes back, it is documented again and added to the same record. 3. **If the breach continues** — The record shows what the platform was told and when. A court deciding whether the platform had actual knowledge takes into account the notices it received and what they contained. 4. **If the platform does not act** — VigiaLabs follows each notice until the platform decides. If the matter is to go to an authority or to court, you or your adviser take it there with the same record. GLOSSARY ## The terms and the sources, in plain view. Every case is documented with sources and context. Scope is agreed for each market; the references on this page are to the law of the United Kingdom. - **PDO for wine**: The name of a region, a specific place or, exceptionally, a country, used for a wine whose quality and characteristics are essentially or exclusively due to its geographical environment. The grapes come exclusively from that area and the wine is made there. - **PGI for wine**: A name used for a wine with a specific quality, reputation or other characteristics attributable to its geographical origin. At least 85% of the grapes come from that area and the wine is made there. - **Traditional term**: A term traditionally used to show that a wine has a PDO or a PGI, or to describe its production or ageing method, quality, colour or type of place. For UK wines, the register lists “Quality (sparkling) wine” for those with a PDO and “Regional (sparkling) wine” for those with a PGI. - **GI for spirit drinks**: An indication that identifies a spirit drink as originating in a country, region or locality, where a given quality, reputation or other characteristic is essentially attributable to that origin. It is the only type for spirit drinks: there is no PDO or PGI. - **Product specification**: The published document that sets out what the wine or spirit drink is, where it is made and how. To use the name, a producer must follow it and be verified to do so. - **Evocation**: A term, image or sign that brings the protected product to the consumer’s mind, even though the registered name is not used in full. - **Producer group**: An association, whatever its legal form, mainly made up of the producers or processors working with the product. No individual or business owns a registered name. - **Verification**: The check that a product meets its specification. HM Revenue and Customs verifies UK spirit drinks sold under a registered GI; for UK wines, a control body carries out compliance checks every year. - **Enforcement body**: The authority that acts against misuse of a name. Under the Wine Regulations 2011, the local authority enforces the rules for retail sales. Under the Spirit Drinks Regulations 2008, each food authority enforces them in its area, and each port health authority for drinks imported or exported. - **Competent authority**: The Department for Environment, Food and Rural Affairs (Defra) for the GI schemes in the UK. - **Assimilated regulation**: An EU regulation that still applies in Great Britain, as amended by UK legislation. The text in force is published on legislation.gov.uk. - **Great Britain and Northern Ireland**: The UK GI schemes protect registered names on products sold in Great Britain. In Northern Ireland, as in the EU, the EU GI schemes apply. ### References - [Regulation (EU) No 1308/2013 as assimilated, articles 93, 103, 112 and 113: wine names (legislation.gov.uk)](https://www.legislation.gov.uk/eur/2013/1308/article/103) - [Regulation (EU) 2019/787 as assimilated, articles 3 and 21: spirit drink names (legislation.gov.uk)](https://www.legislation.gov.uk/eur/2019/787/article/21) - [The Wine Regulations 2011, regulations 3, 14 and 15 (legislation.gov.uk)](https://www.legislation.gov.uk/uksi/2011/2936) - [The Spirit Drinks Regulations 2008, regulations 4, 5, 7 and 18 (legislation.gov.uk)](https://www.legislation.gov.uk/uksi/2008/3206) - [Using a protected geographical food or drink name: UK GI scheme rules (GOV.UK)](https://www.gov.uk/guidance/using-a-protected-geographical-food-or-drink-name-in-the-uk-gi-scheme-rules) - [Protected geographical food and drink names: UK registers (GOV.UK)](https://www.gov.uk/protected-food-drink-names) - [Regulation (EU) 2024/1143, article 26 (EUR-Lex)](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32024R1143) - [Court of Justice, Case C-44/17, “Glen Buchenbach” (EUR-Lex)](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62017CJ0044) - [High Court (Chancery Division), [2020] EWHC 1633 (Ch), “Nosecco” (The National Archives, Find Case Law)](https://caselaw.nationalarchives.gov.uk/ewhc/ch/2020/1633) - [Court of Justice, Case C-393/16, “Champagner Sorbet” (EUR-Lex)](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62016CJ0393) - [The Scotch Whisky Regulations 2009, regulations 6 and 40 (legislation.gov.uk)](https://www.legislation.gov.uk/uksi/2009/2890) - [Protected geographical food and drink names: UK GI schemes (GOV.UK)](https://www.gov.uk/guidance/protected-geographical-food-and-drink-names-uk-gi-schemes) - [English Whisky raises a glass to new protected status, 11 September 2026 (GOV.UK)](https://www.gov.uk/government/news/english-whisky-raises-a-glass-to-new-protected-status) - [Electronic Commerce (EC Directive) Regulations 2002, regulation 19](https://www.legislation.gov.uk/uksi/2002/2013/regulation/19) - [Electronic Commerce (EC Directive) Regulations 2002, regulation 22](https://www.legislation.gov.uk/uksi/2002/2013/regulation/22) FREQUENTLY ASKED QUESTIONS ## Those who borrow the name of a protected wine or whisky gain an unfair advantage. A “Sussex-style” sparkling wine or a “Welsh type” single malt sells on a reputation that verified producers built. Monitoring where the name appears helps them to compete on equal terms. ### Is it legal in Great Britain to advertise a sparkling wine as “Sussex-style” or a whisky as “Welsh type”? No, if the product does not qualify for the name. In Great Britain, article 103 of assimilated Regulation (EU) No 1308/2013 protects wine names and article 21 of assimilated Regulation (EU) 2019/787 protects spirit drink names against any misuse, imitation or evocation, even when the name comes with an expression such as “style”, “type”, “method”, “flavour” or “like”. The advert leans on a reputation that is not its own. ### What can a producer group do about an online shop or a domain name that uses its name? Document it and act. VigiaLabs checks adverts, online shops, marketplaces and domain names and delivers the case file to the producer group. With its authorisation, we alert the advertiser or the shop and notify the platform. If that is not enough, the group or its lawyers can take the evidence to the enforcement body: in Great Britain, breaching the protection of a registered wine or spirit drink name is an offence. ### My vineyard or distillery is verified to use a registered name. How does it affect me when others use the name without the right to it? They compete with you without following the specification. Sussex, Scotch Whisky and Single Malt Welsh Whisky are names on the UK GI scheme registers, and a producer can make and sell a wine or a spirit drink under a registered name only by following its specification and being verified to do so. The case file shows, case by case, who uses the name, where and in what words. ### Does saying where the wine or whisky really comes from avoid the infringement? No. The protection applies even if the true origin of the product is indicated. In 2018, in the case of a whisky produced in Germany and marketed as “Glen Buchenbach”, the Court of Justice of the European Union held that, in deciding whether a name is evoked, no account is taken of the surrounding context (Case C-44/17). The ruling was given before the United Kingdom left the EU. ### Does the protection reach beyond wine itself, to an invented brand name or to a food made with the wine? Yes, it can. In 2020 the High Court in London let stand the refusal of the trade mark “Nosecco”, for a non-alcoholic sparkling wine, as evoking the PDO Prosecco. In 2017 the Court of Justice of the European Union held that naming a food after a wine it contains exploits the name’s reputation if the food does not have, as an essential characteristic, a taste attributable primarily to that ingredient (Case C-393/16). ### What happens if the platform does not remove the reported ad? The decision is the platform’s, but it is on record. VigiaLabs keeps every notice, with its dated evidence, and every reply. Under the Electronic Commerce (EC Directive) Regulations 2002, a host that has actual knowledge of unlawful information keeps its protection from liability only if it acts expeditiously to remove it. With that record, you or your adviser can take the matter to an authority or to court. LET’S LOOK FURTHER ## A clearer view starts with a conversation. Tell us what you want to monitor. Together, we will define a scope that makes sense for your business. [Discuss your project](mailto:contact@vigialabs.ai?subject=VigiaLabs%20%E2%80%94%20Discuss%20your%20project) · [contact@vigialabs.ai](mailto:contact@vigialabs.ai) A focused conversation about your goals, markets and priorities.