Wednesday, June 10, 2009

Cape Breton distillery's court battle with Scots not over yet

The Scotch Whisky Association is asking Canada's highest court to stop the operators of the Glenora Inn and Distillery in Cape Breton from using the word "Glen" in the name of its whisky.

Glen Breton Rare Canadian Single Malt Whisky is the only single malt produced in Canada, according to the Glenora Inn and Distillery website.

Earlier this year, the Federal Court of Appeal ruled against the association's argument that the word would confuse consumers into thinking they were buying whisky made in Scotland. Now the association is asking the Supreme Court of Canada to overturn that decision.

Lauchie MacLean, president of Glenora, said Monday that he had hoped that ruling would be the end of the matter.

"The Scotch Whisky Association has been very persistent in this matter, and I mean it's been nine years, almost nine years, since we originally applied for our trademark," he said.

"So, it's been a long, arduous battle, but we'll continue to battle — we shall fight them in the glens, I guess, is what it comes down to."

MacLean expects the Supreme Court of Canada will decide fairly quickly whether to hear the case. If it doesn't, he said the fight will be over. If the court decides to hear the case, both sides will have to make their arguments again.

Glenora Distillery is based in Glenville, next to the community of Glenora Falls in Nova Scotia, a province whose name means New Scotland in Latin.

MacLean has said his product is named for the area.