Scotch Watch Interlude: Trouble in the Highlands, Part II

Big news on the Island, folks*. Glen Breton wins round I of the trademark case launched by the Scotch Whisky Association (SWA).

The Canadian Trade-Marks Opposition Board has ruled that Glenora Distillery can keep using the word Glen on the label of its single-malt whisky, despite objections of the Edinburgh–based Scotch Whisky Association.

From SWA:
"The association disagrees with the decision," [Scottish Whisky] association spokesman David Williamson wrote via e-mail Wednesday. The decision regrettably goes against well-established international case law and we will be filing an appeal in the near future."

Hmm... Case law?

From Glen Breton:

"The essence of the opponent’s argument is that Canadian users and purchasers of whisky have been educated to associate the word Glen solely with scotch whisky," the decision states. "However, the opponent’s evidence does not support that argument."

The decision also indicates that if the association "truly believed that the word Glen merits special protection for producers of scotch whisky, it should have long ago taken steps to protect that word as a geographical indication of Scottish origin, much as it did for the words ‘scotch whisky.’ "

Doesn't sound like case law to me, but then again, I'm no lawyer.

I guess that means I won't be rushing out to buy a few bottles to sell on eBay as collector's items. Good thing; I can't afford it anyway.

But since I didn't name Scotch Watch "Whisk(e)y Watch", I also will not be forced to review Glen Breton Single Malt Whisky anytime soon (or the dwindling bottle of Jameson's 12 Year old Irish Whiskey in my cupboard).

*Hat tip to Mabel for this piece of news, who took the time to send me an email indicating that "Scotch Watch (tm) needed to know."

Posted bythemikestand at 8:00 PM  

4 stepped up to the mike:

Mabel said... 11:03 AM, January 26, 2007  

"But since I didn't name Scotch Watch "Whisk(e)y Watch", I also will not be forced to review Glen Breton Single Malt Whisky anytime soon".

And you say you're no lawyer...

Christine said... 7:41 PM, January 26, 2007  

my husband just bought a large bottle of scotch at duty free, and it took him a while to finally nail down a brand. men and their scotch.

themikestand said... 8:20 PM, January 26, 2007  

christine: well? What was it?? C'mon, you knew I'd ask.

Christine said... 2:34 PM, January 28, 2007  

The Glenrivet

American Oak Finish

12 years old.

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