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Court victory for Scottish whisky

Published:  23 July, 2008

The Scotch Whisky Association (SWA) has welcomed a Canadian Federal Court decision to refuse to register the Glen Breton' trademark, for a single malt whiskey produced in Canada.

The SWA had objected to the trademark arguing that use of the word Glen', which is widely used on Scotch Whisky, for whiskey produced in Canada, was confusing and misleading to consumers.

Evidence filed by the SWA included over thirty instances of Glen Breton' being mis-described in Canada as Scotch Whisky', with examples of confusion found in retail outlets, newspaper articles, pricelists, menus and websites.

The Canadian Federal Court found that "the trade is confused" by the trademark, that Glen Breton' was often listed in price lists and menus as " single malt scotch" and that "the ultimate consumer who thought he or she was ordering a new Scottish single malt would never know that

something else was served".