Canadian Whisky Trademark Court Case...

On April 03, 2008, the Canadian Federal Court reversed the case of the Scotch Whisky Association (of Scotland, UK) versus Glenora Distillery, striking down Glenora's right to a trademark and to call the Cape Breton-produced whisky "Glen Breton."

Justice Sean Herrington concluded that the ethnicity of the word "Glen" in the context of its nexus with Cape Breton Island was not relevant in drawing his decision, and that the use of the term unduly left the impression with consumers that Glen Breton was a whisky made in Scotland.

Judge Herrington of Ottawa asserted that "had the Irish, who can also lay claim to the word, marketed "glens" in Canada, the situation may well have been different." "However," he continued, "while Scotland's proudest export to this country is its people, for Cape Bretoners it's too late to use the word glen."

-- Larry

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