20070310

Scotland vs. Cape Breton, Round 2

They didn't get anywhere with Canada's Trade-Marks Opposition Board, so as expected the Scotch Whisky Association is taking its case against a Nova Scotia distiller to the federal appeal level.

The Scotland-based SWA wants Glenora Distillers International Ltd. of Cape Breton to stop calling its single-malt whisky Glen Breton. Reason? It contends that the use of the word "glen" confuses consumers into thinking it's a whisky from Scotland.

The Glen Breton distillers respond, and the regulatory board agrees, that the use of the word "glen" is legitimate because the company is named Glenora, the community is named Glenora, its next to a community called Glenora Falls, and coupling "glen" with "breton" is merely a legitimate combination of local place names.

In January, the Trade-Marks Opposition Board in Ottawa ruled in favor of Glenora. The SWA is appealing the decision, claiming Glenora is "unfairly trading on Scotch whisky's international reputation."

Meanwhile, Canadian consumers are weighing in with money, grabbing up the Glen Breton Ice version with abandon.

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