ADVERTISEMENT



Google       

Home -> Law Blog Directory -> International Law Blogs -> Atlanteknology - Technology News for Atlantic Canada

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

International Law

: Atlanteknology - Technology News for Atlantic Canada

When is a whisky not a whisky?

By RCP

ADVERTISEMENTS

It is a sad day ?. No not because the Montreal Canadians are going to get eliminated from the Stanley Cup play-offs tonight (not that I care all that much one way or the other ? except that I will get to rub the fact of it in to the wounds of my friends) but because Glenora Distillery has lost its battle at the Federal Court of Canada ? the battle over whether it can use the name ?Glen? in its branding.

Glenora makes and sells a fine whisky called ?Glen Breton Rare?. I received a bottle for Christmas ? nice stuff, not as fine as some of the top of the line whiskys from Scotland, but still quite good.

The Scotch Whisky Association of Scotland took issue with the use of the word ?Glen? in the name, arguing that its use created confusion in the minds of the spirits consuming public ? such that the people who consume whiskys would be confused and believe that ?Glen Breton Rare? comes from Scotland (notwithstanding the fact that the names ?Scotch? and ?Scotland? do not appear on the labelling anywhere.

A ?glen? is a narrow secluded valley, generally in a mountainous area.

So that I am not accused of being biased, there are wonderful rules in international trade-mark circles that protect geographic areas, this is true. There are also rules relating specifically to spirits. Most commonly associated with such names as ?Bordeaux? and ?Champagne?.

Unfortunately I have not been able to lay my hands on the actual decision, so I cannot comment on its particulars. Mt comments are general in nature.

First ? get some advise before you sink piles of cash into your marketing campaign (and your brand). As the old saying goes, an ounce of prevention is worth a pound of cure ? recognizing that advise comes in the form of opinions and one can never be assured that what your advisor views as logical will be viewed as such by another. Or that people will not take a swipe at you simply on strategic grounds.

Second ? fight for what you believe in. Some pretty odd things have happened to cases as they wind their way up the food chain. In Glenora?s case, I suspect they will fight ? the branding and the brand recognition they have built up are critical to the business.

Finally ? in the case of trade-marks and issues surrounding ?confusion? consider the effect of education campaigns ? example in the case of Glen Breton ? targeted advertising confirming the difference between Canadian and Scottish whiskys, and in particular the difference between Glen Breton Rare and ?scotch whiskys? ? such advertising could be effected at both the retail level to consumers and to wholesalers/distributors/restaurants. Who knows, perhaps they have already done this.

In any event, good luck to Glenora ? fight the good fight.

Full post as published by Atlanteknology - Technology News for Atlantic Canada on April 21, 2008 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0035 secs (from cache 10/31/26 05:16:57)