Canadian brewers Molson and Labatt are currently embroiled in a legal battle over the right to use the term 'export' in brands sold in the key market of Ontario.

Molson is asking the province's Court of Appeal to grant an injunction that would prohibit Labatt from selling or advertising Oland Export Ale, a brand produced from Oland, its Halifax, Nova Scotia, based subsidiary.

In its case, Molson is also seeking damages of CAN$227,000 from Oland, alleging that the sale of Oland Export Ale in Ontario confuses Molson Export drinkers and that the use of "Export" violates Canada's federal Trademarks Act.

The appeal follows a ruling in January 2001 by an Ontario Supreme Court judge in favour of Labatt and Oland over the same issue.

Court documents say Molson claims Labatt introduced the Oland Export Ale in Ontario in 1995 as a tactical sting operation called "Geronimo." Oland Export Ale has been sold in Nova Scotia for over seventy years and is a well-known brand in the region.