…this story will never go away. and this time I am happy with the current ruling… the following is from The Herald, web issue 3481
A Canadian distillery has become the first in the world outside Scotland to win the right to use the world Glen in the name of its whisky.
After a nine-year legal battle costing nearly £100,000, Glenora Distillers International of Nova Scotia finally won its fight to call its whisky Glen Breton Rare after the Supreme Court of Canada refused to hear an appeal that could have blocked the company from using the name.
The Scotch Whisky Association has zealously guarded the “Glen” monicker, saying it should apply only to whisky made in Scotland; arguing that it may give the impression of a Scottish product; and that the name Glen Breton could imply a connection to famous whisky names such as Glenlivet and Glenfiddich.
But the company faces further legal battles from the association as the small distillery now looks to market the whisky more aggressively on a global scale, with the prospect of further trademark applications. The association, which protects the interests of the Scottish whisky industry, has pledged to take further action against the distiller if it attempts to trademark beyond its borders the only single malt whisky produced in Canada.
In 2007, the Trademarks Opposition Board in Canada ruled that the use of the word Glen was not misleading but last year the Federal Court of Canada overturned that decision following an appeal from the Scotch Whisky Association. The Federal Court found that “the trade is confused” by the trademark, that Glen Breton was often listed as “single malt Scotch” and that “the ultimate consumer who thought he or she was ordering a new Scottish single malt would never know that something else was served”.
However, in January the Federal Court of Appeal upheld Glenora Distillers’ trademark registration for Glen Breton, launched in 2000, and taking its name from its hometown of Glenville.
Now the Supreme Court of Canada, the highest court in the country and the final court of appeal, has ended the legal argument by blocking the Scotch Whisky Association’s challenge. Glenora can now register its trademark in Canada.
Glen Breton is already sold in Canada, theUS, Europe and Asia, but Glenora has said the legal challenges had concerned importers and made it hard for the company to market its whisky as widely as it would have liked.
David Williamson of the Scottish Whisky Association said the body was disappointed by the court decision. “We will continue to monitor the marketing of this product to ensure there is not continued confusion to the consumer, and we will be looking to oppose the trademark’s registration in any markets where such confusion is likely,” he said.
“What the Canadian courts have consistently held is that this trademark is causing confusion within the market. Therefore it is disappointing that the court has decided not to give leave to appeal.
“Canadian courts have found in the past that the use of the word Glen’ on a whisky that is not produced in Scotland is causing confusion over the product’s origin.
“We wrote to the company to warn that if they proceeded to register this trademark it would cause confusion in the market. Regrettably that’s what happened. We never received a reply so we had to oppose the application for the trademark.”
“It’s a really huge victory for us,” said Glenora vice-president Bob Scott. “Our message is: try this unique product from Canada.”.
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