Glenora Distillers
Encyclopedia
Glenora Distillers is a distiller based in Glenville, Nova Scotia
, Canada
(on Cape Breton Island
). Their most prominent product is Glen Breton Rare
, the only Scottish-style single malt whisky made in Canada, which has been the subject of a trademark suit over the use of the word glen. They also make several specialty whiskies and rum, and operate the Glenora Inn & Distillery as a tourist attraction and bed and breakfast
.
reported that the Canadian Trademarks Opposition Board rejected the arguments of the Scotch Whisky Association, clearing the way for the distillery to continue to use the Glen Breton Rare label. The Scotch Whisky Association responded that the ruling was inconsistent with international case law, and that it would file an appeal.
On April 3, 2008, the Federal Court of Canada
ruled in favour of the Scotch Whisky Association's demand that the word Glen be dropped from the product's name. On December 18, 2008 Glenora Distillers appealed to the Federal Court of Appeal
in Ottawa and on January 22, 2009 the court overturned the lower court’s ruling. The president of the Glenora Distillery, Lauchie MacLean, said, "It takes a big monkey off our back and financial burden, it allows us to plan and distribute and work with our agents around the world to sell our product." SWA spokesman David Williamson said that the association has 60 days in which to file and appeal and “will be studying the ruling carefully with a view to a possible appeal.”
An application for leave to appeal to the Supreme Court of Canada
, filed by SWA on March 23, 2009, was dismissed with costs on June 11, 2009.
Nova Scotia
Nova Scotia is one of Canada's three Maritime provinces and is the most populous province in Atlantic Canada. The name of the province is Latin for "New Scotland," but "Nova Scotia" is the recognized, English-language name of the province. The provincial capital is Halifax. Nova Scotia is the...
, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
(on Cape Breton Island
Cape Breton Island
Cape Breton Island is an island on the Atlantic coast of North America. It likely corresponds to the word Breton, the French demonym for Brittany....
). Their most prominent product is Glen Breton Rare
Glen Breton Rare
Glen Breton Rare is a Canadian single malt whisky. It is distilled and produced by Glenora Distillers of Glenville, Inverness County, Nova Scotia, Canada.-Information:...
, the only Scottish-style single malt whisky made in Canada, which has been the subject of a trademark suit over the use of the word glen. They also make several specialty whiskies and rum, and operate the Glenora Inn & Distillery as a tourist attraction and bed and breakfast
Bed and breakfast
A bed and breakfast is a small lodging establishment that offers overnight accommodation and breakfast, but usually does not offer other meals. Since the 1980s, the meaning of the term has also extended to include accommodations that are also known as "self-catering" establishments...
.
The label question
On January 24, 2007, CBC NewsCBC News
CBC News is the department within the Canadian Broadcasting Corporation responsible for the news gathering and production of news programs on CBC television, radio and online services...
reported that the Canadian Trademarks Opposition Board rejected the arguments of the Scotch Whisky Association, clearing the way for the distillery to continue to use the Glen Breton Rare label. The Scotch Whisky Association responded that the ruling was inconsistent with international case law, and that it would file an appeal.
On April 3, 2008, the Federal Court of Canada
Federal Court (Canada)
The Federal Court is a Canadian trial court that hears cases arising under certain areas of federal law. The Federal Court is a superior court with nationwide jurisdiction...
ruled in favour of the Scotch Whisky Association's demand that the word Glen be dropped from the product's name. On December 18, 2008 Glenora Distillers appealed to the Federal Court of Appeal
Federal Court of Appeal (Canada)
The Federal Court of Appeal is a Canadian appellate court that hears cases concerning federal matters arising from certain federal Acts. The court was created on July 2, 2003 by the Courts Administration Service Act when it and the Federal Court were split from its predecessor, the Federal Court of...
in Ottawa and on January 22, 2009 the court overturned the lower court’s ruling. The president of the Glenora Distillery, Lauchie MacLean, said, "It takes a big monkey off our back and financial burden, it allows us to plan and distribute and work with our agents around the world to sell our product." SWA spokesman David Williamson said that the association has 60 days in which to file and appeal and “will be studying the ruling carefully with a view to a possible appeal.”
An application for leave to appeal to the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
, filed by SWA on March 23, 2009, was dismissed with costs on June 11, 2009.
External links
- Glenora Inn & Distillery—official site
- Glenora Distillers—Company profile at Industry Canada