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Whisky sour: body to appeal ‘Glen’ ruling

Whisky sour: body to appeal ‘Glen’ ruling

The Scotch Whisky Association (SWA) is to contest a decision of 24 January by the Canadian Trade Marks Opposition Board that fails to endorse special protection for the word ‘Glen’ as a unique feature of Scotch whiskies. Instead, the ruling backs the Canadian firm Glenora Distillery’s ongoing sale of its whisky brand – made in the Glenora, Cape Breton region – as Glen Breton Rare.

The Board said: ‘The essence of the [SWA’s] argument is that Canadian users and purchasers of whisky have been educated to associate the word Glen solely with scotch whisky. However, the [SWA’s] evidence does not support that argument.’ It added that, if the SWA was so convinced that ‘Glen’ carried a special association, then 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.”’

Representing 57 Scottish producers, the SWA said in a statement: ‘The Association disagrees with the decision … which regrettably goes against well-established international case law, and we will be filing an appeal in the near future.’

Glenora Distillery president, Bob Scott, offered an explanation for the use of the contentious term on his product’s label:

‘We are in a glen. We are in Glenville, Cape Breton. We are near Glenora Falls. The distillery’s name is Glenora. There are many names of towns and places on Cape Breton Island that use the name Glen. If Glen Breton is suggestive to our customers that our single-malt whiskies are distilled with the waters of a glen stream of the Highlands of Cape Breton Island, that they truly are.’

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