A Cape Breton distillery vows to keep fighting to save its Glen.

The Federal Court of Canada has ruled that Glenora Distillers International Ltd. cannot register the trademark Glen Breton, the name of its single-malt whisky.

Glenora Distillers, based in Glenville near Glenora Falls in Cape Breton, said it calls its product Glen Breton as a way of incorporating these place names.Glenora Distillers, based in Glenville near Glenora Falls in Cape Breton, said it calls its product Glen Breton as a way of incorporating these place names.
(Glenora Distillers International Ltd.)

Lauchie MacLean, owner and president of Glenora Distillers, said he plans to appeal that decision.

"To quote Winston Churchill, we'll fight in the seas, in the oceans, we'll fight with the growing confidence and the growing strength in the air," he told CBC News on Monday.

"We'll defend our Glen, whatever the cost may be."

Glenora Distillers has been locked in a battle over the name with the Scotch Whisky Association, which argues the word "Glen" should only apply to whisky made in Scotland.

The association presented menus and advertising it claimed showed that the public was being deceived into thinking Glen Breton was a new Scottish single malt.

"Glen Breton is the only whisky produced in North America that uses the word 'Glen,' and in stark contrast and it is no coincidence, we can find no other example of Canadian or American whisky being misdescribed as Scotch whisky," said David Williamson, spokesman for the Scottish group.

MacLean disputes that, saying his product is called Canadian whisky.

Group turns to higher court

The Scottish association turned to the Federal Court after Glenora Distillers won the first round.

In January 2007, the Trade-marks Opposition Board in Ottawa ruled that many international whisky makers use the word Glen, and said the name isn't going to confuse Canadians into thinking Glen Breton is Scottish.

Glenora Distillers is based in Glenville, next to the community of Glenora Falls in Nova Scotia, a province named New Scotland (in Latin).

MacLean said his product is named for the area.

"Glen is a noun and nobody should own the word," he said, "and as long as there is a descriptor word beside it, such as in our case Breton, that describes the whisky."