C
anada’s only single-malt whisky distillery is free to keep selling its Glen Breton Rare whisky after Canadian trademark authorities struck down a complaint that the name was deceptively Scottish.
The Edinburgh-based Scotch Whisky Association had objected to use of the word “glen,” saying that Glenora Distillers International Ltd., based in Glenville, Nova Scotia, was misleading consumers into thinking the 10-year-old Canadian single malt was actually from Scotland.
In legal parlance, the 57-member association claimed the name was “deceptively misdescriptive,” as Canadian whisky drinkers would assume it was the Scottish variety.
But David Martin, the member of Canada’s Trade-Marks Opposition Board who threw out the complaint this month, ruled that “standard dictionary definitions indicate that the word glen has universal application.” He also noted that the Scotch Whisky Association presented no evidence from consumers that might indicate confusion.
“This appears to be a case of overreaching by the opponent,” Martin wrote. (more…)
laus and Michael Braunstein Poulsen are looking to give Danish whisky lovers a home-grown product that can stand up to their Scottish counterparts.