Scotch Whisky Association considering appeal after losing case against Glen Breton

Glen Breton, a Canadian distiller from Cape Breton in Nova Scotia, has won its case against the Scotch Whisky Association‘s (SWA) challenge to its use of the word ‘Glen’ in its branding.

The argument is that this confuses the market because glens are inextricably associated with Scotland and that buyers will therefore assume that Glen Breton is Scotch.

The SWA is now reviewing the case in prospect of an appeal to the Canadian Supreme Court. It all began with Glenora‘s application for a trademark in 2000, followed by the SWA filing a complaint with the Canadian Intellectual Property Office in 2003.

Cape Breton is brewed at the Glenora Distillery in Glenville, beside the Glenora Falls, neighbour to Glen Dea and in Inverness County. These were factors in the judgement in their favour.

Oddly, the court that has just ruled in Cape Breton’s favour did confirm that the Glen Breton trademark had indeed confused the market. This may well feature in any appeal.

The SWA has six days in which to ask for permission to appeal. The Supreme Court could take up to six months to decide whether to hear the appeal. It would then be a further two years before a panel of judges would give their verdict.

It would drive you to drink. And the origin of Argyll’s Islay malts is pretty safe – not a ‘Glen’ amongst them.