CANADA: Scotch Whisky Association eyes Glen Breton appeal
Canada's Federal Court of Appeal last week upheld the right of Cape Breton-based Glenora to use the brand name for its whisky, to the dismay of distillers in Scotland.
A spokesperson for the Scotch Whisky Association (SWA) said today (26 January): "[We] will be studying the ruling carefully with a view to a possible appeal."
Scotch whisky is a protected geographical indication under EU law and enjoys protection in several overseas markets. Scotch makers believe that Glenora's use of the term 'Glen' wrongly implies that its product is Scotch whisky.
The SWA added of the ruling: "Given that the Court confirmed the earlier ruling that the 'Glen Breton' trademark has caused 'actual confusion in the marketplace', it is surprising the Court has decided to allow this confusion to be perpetuated."
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