The Scotch Whisky Association (SWA) is to appeal a Canadian court ruling allowing a Nova Scotia distillery to call its product 'Glen Breton'.

The SWA is petitioning the Supreme Court of Canada to overturn a the Canadian Court of Appeal decision allowing Glenora Distillers, of Cape Breton, to use 'Glen' in the name of its single malt whisky.

The SWA claims this could fool consumers into thinking the product was made in Scotland or is Scotch whisky, and so should not be a registered trademark under the Canadian Trade Marks Act.

Speaking to just-drinks last night (8 June), the SWA said that it was "surprised" by the Court of Appeal's decision. The court, it said, acknowledged in January that Glen Breton has been found to cause "actual confusion in the market place".

Additional reporting by Monica Dobie.