Round 2 Won By Scotch Whisky Association
As a follow up to earlier postings on the ongoing battle between the Scotch Whisky Association (the “Association”) and the Canadian distillers of GLEN BRETON single malt whisky, the Association is reporting today that it has won its appeal to the Federal Court of Canada.
The Trade-marks Opposition Board denied the Association’s opposition to the application by Glenora Distilleries of Nova Scotia to register the mark GLEN BRETON, on the basis that, in the Opposition Board’s view, Canadians would not be confused by the use of the word GLEN in the mark, such that they would think they were purchasing Scotch Whisky. The Association appealed that decision to the Federal Court.
During the appeal, the Association produced evidence that GLEN BRETON was misdescribed in various retail outlets, newspaper articles, pricelists, menus and websites as a Scotch Whisky and the Federal Court agreed with its submissions that Canadian consumers would likely be confused that they were purchasing a Scotch Whisky when that was not the case.
Stay tuned for Round 3 of this battle, as CBC reports that Glenora Distilleries is already planning to file an appeal of the Federal Court decision.
This story of the little guy trying to get one over on the big guy is likely to run & run through the courts! Similar to the problems of the French and their battle over the right to enforce their trademark of Champagne being limited to the production of wine in the Champagne Region only. I can imagine people being confused by the ‘Glen’ name into thinking that it comes originally from Scotland but….people will either like the product or not. If the like it they’ll buy it again – if they don’t they won’t. Surely that is the test of the quality of the product and not where it comes from.
There is a great brouhaha in New Scotland, or Nova Scotia these days about the federal court decision not to allow the single malt whiskey dubbed Glen Breton to continue to use the designation “Glen” for its spirit. Scottish whiskey producers claim that this may cause product confusion and have sued to prevent the use of the word “glen” on the label despite the fact that most of the local inhabitants are of Scottish descent and half the local communities in Cape Breton bear the name Glen “something or other”. Some of the older residents of this part of Nova Scotia grew up speaking Scottish Gaelic!
The whole issue is probably making some of the current bearers of the title “Baronet of Nova Scotia” a bit nervous. The Baronetcy of Nova Scotia was created in 1621 to encourage settlement in this province by selling land grants to wealthy Scots. Since by ancient law a baronet of Nova Scotia would have had to “take sasine” or “stone and earth” while standing on Nova Scotian soil, James the First, in 1621, declared part of Edinburgh Castle’s courtyard to be Nova Scotia soil, a designation which exists to this day.
I would suggest that the Scotch Whiskey producers leave well enough alone. By definition, “Scotch” whiskey must be produced within the confines of Scotland. Since Nova Scotia is technically located in Edinburgh County it meets this criterion. Thus, if the folk at the Glenora Distillery of Cape Breton wished to push the issue they could demand that their spirit be granted the right to be designated “Scotch”. If it is maintained by the Scotch whiskey producers that Nova Scotia is in fact NOT located in Edinburgh County then of course the people who hold the hereditary title of Baronet of Nova Scotia would have been so designated under false pretences and should give up their peerages.
George M. Burden, M.D.
106 Elmsdale Road,
Elmsdale, Nova Scotia B2S 1K6
CANADA
Here, here…