The Scotch Whisky Association lost a momentous nine-year battle, trying to stop Cape Breton (Nova Scotia) Glenora Distillery from using the word "Glen" in the name of its single malt whisky, Glen Breton Rare Canadian Single Malt Whisky.
They still can't call it Scotch though, since that's reserved only for products made in Scotland. But the SWA also thinks the name "Glen" should be similarly reserved. So they sued Cape Breton Glenora Distillery several years ago to put an end to it. (They're reportedly considering a similar lawsuit against actress Glenn Close.)
They lost. So they appealed. And lost again.
According to a story on the Canadian Broadcasting Corporation's website, the Supreme Court of Canada refused to hear the SWA's appeal of a lower court's ruling. To really kick them in the pants, the Supreme Court dismissed the appeal "with costs," which means the SWA also has to pay part of Glenora's legal fees.
"The Association is disappointed by the Canadian Supreme Court's decision refusing leave to appeal," said the SWA. "If only we had some way to drown our sorrows, some sort of amber liquid."
The SWA's entire argument was based on the idea that by using the name "Glen," it might confuse Scotch drinkers.
I wouldn't worry too much. I'm guessing the big "Made in Canada" label is going to clue people in.
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