IainB wrote:
Any thoughts?
Just one of two
The SWA are up their own @r$e's when it
come to issues like this if you can excuse my French ... However
I think Cooley were wise in one sense not to get involved
because as a young start up company of the time they had better
uses with their meagre budget than fighting off a pathetic law
suit which they would of won but in reality it would of been a
loss to the company due to the costs that it would of involved.
It would of probably of been more complicated as the SWA could
well of suede them in relation to each country they tried to
sell this so called Scotch imposter in
I guessing it may have been Connemara though so
possibly could be seen as a border line case for the Irish
company in an international context especially when nobody
previously knew of a peated Irish whiskey
The SWA is a total joke if you ask me and it is only
a mouth piece for corporate distilling in Scotland and they
abuse their power with legal over load. They even turn on their
own, especially the small fry in the Scottish industry. Notable
inside run ins have been with independent and forward thinking
companies of Compass Box (Indy bottler) and Bruichladdich
(Maverick Distillery)
However I was delighted to see
that Glenora stuck to their guns kept Glen on their bottles. I
mean what smuck firstly goes to all this trouble to pick a fight
with a tiny distillery in the back of beyonds of Canada and then
try and argue a bottle of Whiskey called Glen Breton sounds
Scottish. Oh yea and the big sycamore leaf is a dead give away
of trying to be a Scottish single malt
But I suppose it is quite cheeky of the Canadian
distillery to use Glenore & Glen Breton, especially when
they are only located in a place called Glenville
how dare they use the term Glen at all
A quick run down on the legal fight which I am
guessing was only defend-able because Canada may not have
punitive legal fees as is the case say in Ireland or the UK.
On 24th January 2007 the Canadian Trademarks Opposition Board
rejected the arguments of the Scotch Whisky Association (SWA)
allowing Glenora the distillery to continue to use the Glen
Breton Rare label. The SWA said that the ruling was
inconsistent with international case law, and filed an
appeal.
On 7th February 2008 the Federal Court of
Canada ruled in favour of the SWA that word Glen be dropped
from the product's name. However On 18th December 2008 Glenora
Distillers went to the Federal Court of Appeal and on 22nd
January 2009 the court overturned the lower court’s ruling.
The president of the Glenora Distillery, Lauchie MacLean,
said, "It takes a big monkey off our back and financial
burden, it allows us to plan and distribute and work with our
agents around the world to sell our product." SWA
spokesman David Williamson said that the association has 60
days in which to file and appeal and “will be studying the
ruling carefully with a view to a possible appeal.”
In fighting the case Glenora garnered more
world wide interest than they could ever had hoped for and the
idiots in the SWA continue like the CIA to hunt out buzz words
like 'Glen' and other notable trigger references to justify
their positions.
Give me patience
End of
political broadcast