Cape Breton whisky makers lose round

[slohairt]

If they're so proud of being Canadian, why not use a Canadian geographical feature?

Well, considering the ethnic origins of Cape Bretoners and the fact that Scottish Gaelic is still spoken in Cape Breton Island, arguably the word glen (gleann) is just as Ceanadach as it is Gaidhealach We already use a number of Gaelic geographical terms: drumlin, moraine, esker, etc.

[Jock Scot]

Oh dear,I wish these things did not happen,but in the tough commercial world these seemingly minor matters can and do matter.Its the "Give an inch and take a mile" syndrome.

[McClef]

I don't see how they can think that the word "glen" is protected (just as the word "whisky" isn't either) as the only word that I am aware of that is protected here is "scotch" and they are not trying to pass it off as such.

"Glen" is descriptive of a place not a product and appears in many place names far from Scotland - one would expect to see it often especially in Nova Scotian and especially Cape Breton place names!

[Jerry]

It's the use of "Glen" in the name the SMWS was objecting to. They seem to think Glen is synonymous with Scotch. Which, up till now, it most likely has been.

But the term Glen is used most everywhere English is spoken, meaning a small wooded valley, usually with a stream. I believe that Canada has some of these, does it not? Perhaps the name should be changed to Breton Glen Single Malt Whiskey.

[auld argonian]

It seems to me that it's one of those lawsuits aimed at getting publicity rather than accomplishing any kind of real objective.

Sounds like the plaintifs are calling attention to the "uniqueness" of their product (genuine Scottish whisky) and reaping all of the benefits of the publicity that the case generates. I wonder if the attorneys are being paid out of the legal budget or the public relations budget.

Best

AA

[robthehiker]

It seems to me that it's one of those lawsuits aimed at getting publicity rather than accomplishing any kind of real objective.

Sounds like the plaintifs are calling attention to the "uniqueness" of their product (genuine Scottish whisky) and reaping all of the benefits of the publicity that the case generates. I wonder if the attorneys are being paid out of the legal budget or the public relations budget.

Best

AA

Unlikely. The lawsuit was a result of a trademark complaint by The Scotch Whisky Association of Scotland. While the publicity probably doesn't hurt I understand that they sell every drop from their relatively small operation.

"Muskeg Breton" doesn't have the same ring.

[robthehiker]

If they're so proud of being Canadian, why not use a Canadian geographical feature?

Well, considering the ethnic origins of Cape Bretoners and the fact that Scottish Gaelic is still spoken in Cape Breton Island, arguably the word glen (gleann) is just as Ceanadach as it is Gaidhealach We already use a number of Gaelic geographical terms: drumlin, moraine, esker, etc.

As slohairt points out, there is a significant history of the Scots in Cape Breton (Eilean Cheap Breatuinn).

from Wikipedia: http://en.wikipedia.org/wiki/Cape_Breton_Island

"During the first half of the 19th century, Cape Breton Island experienced an influx of Highland Scots numbering approximately 50,000 as a result of the Highland Clearances. Today, the descendants of the Highland Scots dominate Cape Breton Island's culture, particularly in rural communities. To this day Gaelic is still the first language of a number of elderly Cape Bretoners."

Courses in Scottish studies, including Gaelic, are offered in Nova Scotia at the University of Cape Breton.

I would suggest that being a proud Canadian includes being proud of our Scottish (and Irish and English and French) roots.

Cheers,
Rob

[Phil]

I don't see how they can think that the word "glen" is protected (just as the word "whisky" isn't either) as the only word that I am aware of that is protected here is "scotch" and they are not trying to pass it off as such.

"Glen" is descriptive of a place not a product and appears in many place names far from Scotland - one would expect to see it often especially in Nova Scotian and especially Cape Breton place names!

You could say exactly the same about MacDonald but just try opening a burger bar with that name over the door just because you might be called that. Those guys are seriously litigious and would have you in court before you could draw breath. Lots of people are called MacDonald though - I even know one or two myself. I don't think Canada is the real problem but if they start selling the stuff other places like Japan or India which are big markets for scotch anyone there seeing the word "Glen" is immediately going to associate it with scotch. They might not even be able to translate the rest of the label but they will have heard of GLEN fiddich or GLEN morangie or GLEN moray before and assume it is the same.

[robthehiker]

You could say exactly the same about MacDonald but just try opening a burger bar with that name over the door just because you might be called that. Those guys are seriously litigious and would have you in court before you could draw breath. Lots of people are called MacDonald though - I even know one or two myself. I don't think Canada is the real problem but if they start selling the stuff other places like Japan or India which are big markets for scotch anyone there seeing the word "Glen" is immediately going to associate it with scotch. They might not even be able to translate the rest of the label but they will have heard of GLEN fiddich or GLEN morangie or GLEN moray before and assume it is the same.

Certainly "glen" offers some name recognition, but Glenora Distillers is based in Glenville, next to the community of Glenora Falls in Nova Scotia, a province named New Scotland (in Latin).

[Colin]

Alcohol makers are able to do this under regulations from the EU & GATT. Champagne is another example, as are Bordeaux and Burgundy. There are many other examples. I'm not sure distillers in certain parts of the states would appreciate it if a Scottish company advertised their product as Kentucky bourbon.

I can see where that applies to "Scotch", but I don't see how that applies to "Glen" in the name of the whisky.

If they're so proud of being Canadian, why not use a Canadian geographical feature?

They are. We have plenty of "glens" in Canada and as Robthehiker pointed out

the distillery is located in Glenville, next to the community of Glenora Falls in Nova Scotia.

.