Cape Breton distillery can keep 'Glen' label on whisky, appeals court rules

A Cape Breton distillery can continue to use the word "Glen" in its labelling, the Federal Court of Appeal has ruled.

Glenora Distillery president Lauchie MacLean said Friday that the court rejected the objections of the Scotch Whisky Association and upheld his company’s registration of Glen Breton as the trademark of its single malt whisky.

"This is the third, and we hope final, battle in this battle of the Glen, and maybe in the Glen, I guess," MacLean said.

The court rejected the argument by the association that the use of the word "Glen" would confuse consumers into believing they were buying a Scottish-made product.

It's the latest ruling in the fight between MacLean and the association since the whisky's launch in the fall of 2000.

In January 2007, the Trade-marks Opposition Board in Ottawa ruled that many international whisky makers use the word "Glen" and said the name isn't going to confuse Canadians into thinking Glen Breton is Scottish.

But last year, the Federal Court of Canada ruled that Glenora cannot register the trademark Glen Breton. Friday's ruling overturns that decision.

MacLean said he hopes the association, which can appeal to the Supreme Court of Canada, accepts the decision.

"They have the option [to appeal], but we believe and we hope that they will accept the conclusions as being fair to all and that we can go forward with a positive working relationship," he told the Canadian Press.

Glenora Distillers is based in Glenville, next to the community of Glenora Falls in Nova Scotia, a province whose name means New Scotland in Latin.

MacLean has said his product is named for the area.