Supreme Court of Canada Declines to Reconsider Glen Breton Trade-mark Case

In a previous issue of E-TIPS® ("Federal Court of Appeal Allows Glenora Appeal", Vol 7, No 16, February 11, 2009), we reported that the Federal Court of Appeal in Glenora Distillers International Ltd v The Scotch Whisky Association (2009 FCA 16), set aside a Federal Court decision and directed the Registrar to register Glenora's trade-mark, GLEN BRETON, for its single malt whisky produced in Cape Breton, Nova Scotia. The UK-based Scotch Whisky Association sought leave to appeal the decision to the Supreme Court of Canada, but on June 11, 2009 the Court dismissed the application, with costs and without reasons. This marks the end of a nine-year battle in Canada. However, the Scotch Whisky Association has said it will oppose applications to register the trade-mark in other countries where it believes confusion is likely. For a related news story (note the newspaper headline, "Scotch snobs shudder as Glen Breton toast win"), see: http://tinyurl.com/l3fwz9 For the full text of the Federal Court of Appeal decision, visit: http://decisions.fca-caf.gc.ca/en/2009/2009fca16/2009fca16.html Summary by: Tom Feather