The owners of a local liquor company want to pay homage to their hometown of New Scotland with their products. A trademark dispute with a European trade group is making that more complicated.

Jesse Sommer has poured years worth of hopes and dreams into four wooden barrels stored inside the Albany Distilling Company.

“We’ll be producing a few thousand bottles in 2021, 2022, 2023, and thereafter,” said Sommer, co-owner of New Scotch Spirits.

He created the liquor company with his friend and fellow New Scotland native Patrick Carey in 2016.

“I am a New Scot. I grew up here. I am proud of the town,” said Sommer.

The namesake of his company is the source of his problems. The Scotch Whiskey Association is taking legal action against them over the name of two of their whiskeys “Auld Lang Syne” and “New Scotch.”

“I don’t know what else you would call it. It is from New Scotland, it is therefore New Scotch whiskey, it is a New Scotch vodka, it is a New Scotch bourbon,” said Sommer.

Lawyers for the European trade organization argue they are leading consumers to believe they are selling authentic Scotch Whiskey which, by definition, can only be produced in Scotland.

“I don’t want people to think that we’re Scotch. I want them to see us as an American spirit with a New Scottish soul,” said Sommer.

Their liquor is being made and stored at the Albany Distilling Company. Owner and distiller John Curtin lives in New Scotland while Sommer, a judge advocate for the army, is stationed in Florida — Curtin oversees production.

“It is really good to bring a good sense of place to a wonderful community like New Scotland,” said Curtin.

The grain, barley, wheat, and rye are all locally sourced. Rebecca Miller of Lime Kiln Farm, a childhood friend of Sommer, hopes the spirits give a familiar reminder.

“We want everybody to feel like they’re at home; like it is a homecoming drink and it should be for every celebration,” said Miller.

Sommer says he is prepared to go to trial but hopes some kind of compromise can be reached with the Scottish Whiskey Association. Whatever the outcome, Sommer says he is sure his spirits will make it to market.

Spectrum News reached out to the Scotch Whisky Association for comment and received a response on Thursday.

“We appreciate that 'Scotland' is used as a place name in other parts of the world but when the words 'Scotland' or 'Scotch' are used on a whisky, consumers will think of whisky produced in Scotland not New York State. To give another example, even though there is a place in Cyprus called Aiya Napa, I am sure you will agree that if 'Napa' were used on a wine people would assume that it was Californian," said Lindesay Low, deputy director of legal.

She continued to say, “We are under a duty to prevent the intellectual property attaching to Scotch Whisky from being infringed regardless of the size of the infringement. It is also important to remember that New Scotch have applied to register federal trademarks which if granted will give them exclusive rights in those terms across the United States.”