D’Aquino Bros Pty Ltd claimed its Black Scot whisky was produced in Scotland, though it is believed to be produced in Australia.

A decision of the Federal Court in Melbourne in favour of the SWA means the Australian company cannot use the term, which is protected as an international geographical indication (GI).

The SWA brought a case after the Australian Broadcasting Corporation (ABC) found that stores across the country’s east coast were selling fake imported spirits.

A spokeswoman for the SWA said: “Having achieved what it set out to do, the Scotch Whisky Association is pleased that its long-running action before the Federal Court in Melbourne has been brought to an end.”

She added: “The three brands of fake ‘Scotch Whisky’ which formed the basis for its claims are no longer being bottled or distributed. The main defendant has gone into liquidation and has ceased to trade.

“Having previously negotiated settlement terms with nine defendants, we have now reached agreement with the remaining two who defended the case and who have agreed to submit to wide-ranging court orders preventing them from infringing our rights in future.”

“The association has been able to successfully uphold its ‘Scotch Whisky’ trademark to ensure it continues to be the case that only whisky manufactured in Scotland in compliance with a strict definition can be sold under that name in Australia.”