Legal Issues

by Mike Masnick


Filed Under:
canada, glen breton, glenora, scotch, whisky

Companies:
glenora



Morons In A Hurry Can Raise Their Glasses Of Glenora Whisky Proudly Again

from the don't-spill-it dept

What is it with the silly food related trademark battles we keep hearing about lately? First there were Idaho potatoes, then lettuce, and now whisky. You see, the Scotch Whisky Association takes these things seriously. Already you can't call something Scotch (or Scotch Whisky) unless it was produced at a distillery in Scotland, but now it was trying to expand its control over the word "Glen" as well. There are, of course, a few very well known Scottish distilleries using "Glen" such as Glenlivet or Glenfiddich. So what was the problem? Well, in Glenville, Nova Scotia, Canada there's a whisky distillery called Glenora, who makes a single malt whisky under the name Glen Breton Rare whisky. The Scottish Whisky Association insisted this was a problem and confusing, even though the label on Glen Breton states quite clearly: "Canada's Only Single Malt Whisky." I think even the traditional "moron in a hurry" would recognize that it's from Canada, not Scotland.

It appears that some Canadian judges agree -- and have refused to hear the Scottish Whisky makers' appeal, meaning Glenora gets to keep the name. Of course, the other bit of irony, as pointed out by the anonymous person who submitted this: Nova Scotia actually means New Scotland.

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  • identicon
    Joe, 2 Jul 2009 @ 5:35pm

    News from Canada

    Mike - what's with all the news from Canada? I mean really - I live here and we're seriously used to Americans not being able to find us on a map.

    On a more relevant note - I've actually been to this distillery and tried the whiskey in question. Very nice, if a little sweet for me.

    reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 2 Jul 2009 @ 6:28pm

    I thought it was spelled whiskey?

    reply to this | link to this | view in chronology ]

    • icon
      Mike Masnick (profile), 2 Jul 2009 @ 6:56pm

      Re:

      I thought it was spelled whiskey?

      Depends on where it's produced. Generally, Scottish whisky has no "e". Irish whiskey has the "e." In the US, it's mostly whiskey with the e. In Canada it's usually without the e. Glen Breton goes without the "e."

      I forget the details, but I think the Irish added the "e" to distinguish their's from the Scots'.

      reply to this | link to this | view in chronology ]

      • identicon
        Bruce, 2 Jul 2009 @ 7:20pm

        Re: Whisky vs. Whiskey

        Perhaps it is a protestant/catholic thing, like I think Mac is protestant and Mc is catholic prefix for "of" or "son of". People think of it as Irish/Scottish but it is more likely catholic/protestant???

        reply to this | link to this | view in chronology ]

      • identicon
        BJ, 2 Jul 2009 @ 11:38pm

        Re: Re:

        The official US government spelling is "whisky". However, most US made whiskies, spell it "whiskey". Notable exceptions are Makers Mark and Early Times.

        Yeah, I'm a booze nerd.

        reply to this | link to this | view in chronology ]

  • identicon
    MRB the Nova Scotian, 2 Jul 2009 @ 7:06pm

    Good to hear

    While I had heard of the case, I hadn't realized that it had gone to appeal. It's good that the stupidity has ended for good. When I first heard of the case (on CBC radio, none the less), I said it was foolishness to think that Glen Breton (as in the Cape Breton Island), with Canada (and possibly Nova Scotia) printed on the bottle, could be confused with "authentic" scotch. Another fun fact: Nova Scotia (Cape Breton in particular) had the largest population of Gaelic speakers (up until the mid 1800s), second only to Scotland, and is still one of the few places in the world where you can hear it spoken.

    reply to this | link to this | view in chronology ]

  • identicon
    Sean, 3 Jul 2009 @ 8:09am

    Scotch

    Yes Mike, Scotch must come from Scotland as Champagne must come from the Champagne region and be made of three possible varietals.

    You make it seem like they have imposed some crazy rule here, but in reality, it's an important role in quality control in my opinion. You pay more for Champagne than you do for sparkling wine, just as you pay more for good single malt Scotch if it's from the place where it originated, with the particular water and grains they use.

    This really does make plenty of sense, I would have thought you'd see this.

    reply to this | link to this | view in chronology ]

    • identicon
      Stuart, 3 Jul 2009 @ 8:18am

      Re: Scotch

      Are you an idiot or are you being purposely obtuse so you don't have to see the point. They do not call it scotch. Their issue is it has the word Glen in it. As it comes from Glenora and states clearly it is from Canada the Scotts are just being whiny little bitches. Much like you.

      reply to this | link to this | view in chronology ]

    • icon
      Mike Masnick (profile), 3 Jul 2009 @ 3:00pm

      Re: Scotch

      You make it seem like they have imposed some crazy rule here, but in reality, it's an important role in quality control in my opinion. You pay more for Champagne than you do for sparkling wine, just as you pay more for good single malt Scotch if it's from the place where it originated, with the particular water and grains they use.

      Er... I wasn't complaining about limiting the word Scotch. No one is trying to use the word Scotch. The question is the use of the word "Glen"

      reply to this | link to this | view in chronology ]

      • identicon
        Paul, 4 Jul 2009 @ 4:10am

        Re: Re: Scotch

        reply to this | link to this | view in chronology ]

      • identicon
        Paul, 4 Jul 2009 @ 4:16am

        Re: Re: Scotch

        I've been to Scotland:
        Over there, they call it 'Whisky'.
        Unless it's that 'blended' crap, then they call it "Scotch". But the good stuff, the single-malts, is called just 'Whisky'.

        I still remember my first one, a Glenkinchie, in a pub on the Isle of Skye.

        I've also been to Nova Scotia (I live nearby):
        And the Glen Breton is very nice, a very delicate flavour. Lagavulin it's not.

        reply to this | link to this | view in chronology ]

  • identicon
    Sean, 3 Jul 2009 @ 2:35pm

    Stuart

    If anyone is a whiny, pathetic bitch, it's the one calling people names on the Internet over scotch and intellectual property. I'm sorry you also missed my point, it probably went over that surprisingly low, but oh-so-big head of yours.

    reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 3 Jul 2009 @ 7:18pm

    Mike's in a hurry can write more crappy blogs. HAHAHAHA!

    reply to this | link to this | view in chronology ]

  • identicon
    Sobering, 4 Jul 2009 @ 3:16am

    This does not speak well...

    for what Scottish whisky must do to your brain.

    reply to this | link to this | view in chronology ]

  • identicon
    Rob, 13 Oct 2009 @ 8:09pm

    But it's still scotch

    To be a a single malt whisky that is known as scotch it has to be made in Scotland. I'll never forget how when I was younger I thought Chivas was the real deal. One day, a neighbor bought me a glenlivet at a bar. I was hooked! A Better Way To Buy Single Malt Whisky

    reply to this | link to this | view in chronology ]


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