Glenora Distillers Limited has the fighting spirit.
The Nova Scotia-based distillery says it will appeal a decision made by a Federal Court that prevents the company from registering the trademark for its “Glen Breton” single malt whisky, under the Trade-Marks Act.
There is no choice but to fight back, said Robert Scott, vice president at Glenora. Since the product’s launch in 2000, Glenora has spent a lot of time, effort and money building brand recognition for Glen Breton Rare. If the distillery loses the next round, it will need to rebrand its signature product. A costly venture that may add confusion in the marketplace, said Scott. “You’re reintroducing the same product under a different brand name.”
The company has been embroiled in a legal battle since 2001, when Edinburgh-based Scotch Whisky Association filed a trademark suit against Glenora, arguing that “glen” could mislead consumers into thinking the whisky was from Scotland. Glen Breton Rare uses a maple leaf and the words “Canada’s only single malt whisky” on its packaging.
In January 2007, The Canadian Trademark Commission allowed Glenora to use the Glen Breton Rare brand name after the whisky association failed to produce sufficient evidence to support its claim. The Association appealed that ruling to the Federal Court and won.
The Glenora name is a geographical reference to Glenville, Cape Breton where the distillery is located and has nothing to do with misleading consumers into believing the whisky is produced in Scotland, said Scott.
Glenora is careful not to use the word “scotch” in connection with its whisky, but Scott said the word “glen” is widely used in Cape Breton, and the company shouldn’t be prevented from using it.
“We’re near Glenora Falls. There’s over 42 places on Cape Breton Island that have the word ‘Glen’ in them,” he said.
The Federal Court of Appeal is probably the last legal resort for retaining the Glen Breton name. The process could take up to a year, said Scott.
“We won the first round. They won the second round,” he said. “We’re very positive. We know we have a battle ahead of us and we’re prepared to move ahead on that.”
Glenora is encouraging customers and public supporters to visit its website, GlenBreton.ca, where they can comment on the issue.
