SWA refused appeal in Canadian whisky row

Published: 12 June, 2009

The Scotch Whisky Association has lost a long-running court battle to prevent a Canadian distiller using the word "Glen" in the name of one if its brands.

In a case that had run for nine years, the SWA had argued that Glenora Distilleries' Glen Breton whisky brand could lead consumers to believe it was made and bottled in Scotland.

Having lost the case earlier this year, the Supreme Court of Canada has refused to grant the SWA leave of appeal, leaving Glenora free to register the name under the Canadian Trade Marks Act.

In a statement the SWA said it was disappointed with the judgment.

It added: "The Court of Appeal's findings that the mark has caused confusion because of its Glen prefix, and that Glenora had marketed its product as Scotch in all but name, have not been reversed.

"We will continue to monitor the marketing of this product to ensure that it does not cause continued confusion and will oppose applications to register the mark in any country where such confusion is likely."

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