"Canada's only single-malt whiskey"
Posted on 04/09/2008 4:20:01 AM PDT by canuck_conservative
The Nova Scotia distillers of Glen Breton, Canada's only single malt, make its richly gold and aromatic whisky by mimicking the masters, copying every step of the process used in Scotland for centuries. Its homage to Scotch, however, has now been found to be too close for comfort.
The tiny Glenora Distillery on Cape Breton Island, a Gaelic community with deep roots in Scotland, can no longer use the word "Glen" in its whisky's name because it misleads consumers into thinking they are drinking Scotch, according to a ruling released yesterday by the Federal Court of Canada.
The ruling in the long-running trademark dispute, launched by Scotland's Scotch industry, accepts that while imitation may be the sincerest form of flattery, when it comes to marketing of national identity as a brand in itself, some words are already taken.
When Glen Breton sells itself in Canada, it is misleading consumers on where it was made because of the prefix Glen, said Justice Sean Harrington. It is a decision the distillery's head finds preposterous.
"We are in a glen, located in Glenville, next to the community of Glenora Falls and our distillery is called Glenora. There are 42 place names on Cape Breton Island that have the word Glen in its name," said Lauchie MacLean, president of Glenora. "To us it seems pretty cut and dried."
The four-letter word Glen, however, provokes a starkly different reaction from the Scotch Whisky Association, the powerful Edinburgh-based industry group.
To the association, Glen is a fighting word.
"The word Glen is commonly and widely associated in Canada with Scotch whisky," said David Williamson, spokesman for the association. "There was clearly widespread confusion."
Only malt whisky distilled and matured in Scotland can legally be called "Scotch" and, although Glen Breton does not claim to be a "Scotch," the association says the Glen in its name has the same effect.
The association filed in court more than 30 examples of Glen Breton being misdescribed in Canada as "Scotch," including liquor board price lists, newspaper articles, menus and Web sites.
"There are links between Scotland and Cape Breton and we should value and celebrate those links but it is also important to ensure that consumers and the integrity of Scotch whisky is protected in the market," Mr. Williamson said.
The dispute has been brewing for years; before Glen Breton even sold a drop of its whisky. The association suspected trouble was distilling across the Atlantic.
Glenora celebrated the area's Scottish heritage when it was established in 1989, using two squat copper pot stills made by A. Forsyth & Sons, the famed coppersmiths of Scotland who make most of the pot stills in Scottish distilleries. Even the staff were trained by workers borrowed from Bowmore, one of the great Scotch distilleries.
The attempt to recreate the Scotch tradition in Canada, however, ended there, Mr. MacLean said.
Unlike many of the associations's other high-profile disputes -- from China to Australia -- Glen
Breton does not package itself in the trappings of Scotland.
"We believe we package our product very, very proudly as Canadian. Anyone who buys it knows it is a Canadian product and not a Scotch. There is no tartan or pipers or marching bands -- we are wrapping ourselves in the Canadian flag and proud of it," Mr. MacLean said.
Indeed, the Glen Breton label features a large, red maple leaf and the words "Canada's Only Single-Malt Whisky."
"Our product, obviously, has the flavour profile of a similar product distilled in Scotland and I can understand why people make the comparison; we are closer in taste to single-malt whisky out of Scotland than we are with Canadian rye whisky," Mr. MacLean said.
Glenora won the dispute before the Trade-Marks Opposition Board but the association appealed the ruling to the Federal Court.
Scotch whisky, perhaps the world's most evocative and storied beverage, prompted a ruling that was suitably contemplative from Justice Harrington.
"When is Scotch whisky not Scotch whisky?" he begins his written decision.
"Some say Glen Breton looks like Scotch, smells like Scotch and tastes like Scotch; but it is not Scotch. It is distilled by Glenora in Canada, in Cape Breton, Nova Scotia."
Justice Harrington displays a depth of familiarity on the subject. "For those whose tastes run to whisky, Scotch whiskies, particularly the single malts, are held in high regard. Names such as The Glenlivet, Glenfiddich and Glenmorangie come to mind. That is the nub of the problem," he writes.
He accepted that the name created confusion but did not go so far as banning Glenora from dipping into any of its Scottish heritage.
"Both parties went much too far in asserting ethnicity. The association is of the view that Glenora cannot use any word which might evoke Scotland. Glenora counters that the heritage of Nova Scotia, particularly Cape Breton, cannot be escaped," he said.
"To put matters into perspective, Scotland's greatest export to this country was its people, not its whisky. Cape Bretoners, or 'Capers,' are rightly proud of their heritage and are entitled to evoke it. However, it is too late to use the word 'Glen.' "
For Glenora, the fight is not yet done. "As Winston Churchill once said, we'll fight them on the beaches, we'll fight them on the hills and -- I'll add -- we'll fight them in the glen," Mr. MacLean said.
ahumphreys@nationalpost.com
"Canada's only single-malt whiskey"
Because of this ruling - meaning a name change - I guess any existing bottles of “Glen Breton” might eventually become collector’s items!
How about calling it Glenbreton? Or Glenora Breton? Would even the sound be forbidden?
We visited the distillery in 1999 when we were in Nova Scotia - what a charming place and charming people. It’s a pity to see this sort of nonsense. Perhaps instead calling itself “Canada’s only single malt” it should call itself “Cape Breton’s only single malt” and change it’s name to “Cape Breton Glenville”
Any single-malt that begins w/ “Glen” is crappola.
Evidence by Oban, Laphroaig, Knockdhu, Bruichladdich, etc, ets, etc..
"Whiskey" versus "Whisky" ... does the "e" make a difference?
Cape Breton is actually “ground zero” for both founding nations- my family is Acadian.
Not sure why, but th Canadian and Scotch products are called “whisky” while American and Irish products are “whiskey”.
What do you do with a drunken Scotsman,
What do you do with a drunken Scotsman,
What do you do with a drunken Scotsman
Ear-lye in the morning?
Wey-hey and up he rises,
Wey-hey and up he rises,
Wey-hey and up he rises
Ear-lye in the morning!
Make Amanda cook him breakfast,
Ear-lye in the morning!
CHORUS
“Amanda, please don’t make me eat that,
So ear-lye in the morning!”
Wey-hey and up it rises,
Wey-hey and up it rises,
Wey-hey and up it rises
Ear-lye in the morning!
See him running to the bathroom,
Ear-lye in the morning!
2nd CHORUS
Chasing Amanda with a sharp katana,
Ear-lye in the morning!
Wey-hey she’s off and running,
Ear-lye in the morning!
Let him cook his own damn breakfast!
Ear-lye in the morning!
So that’s what you do with a drunken Scotsman,
Ear-lye in the morning!
I believe it’s an unenforced law in the US. All Irish and American made Whiskey’s are designated by the “E”. All Canadian and Scotch Whisky’s have no “E”. Yet! Makers Mark, has dropped the “E” on they’re labels.
Awright, someone explain please the difference between:
- whisky
- whiskey
- bourbon
- scotch
- single malt
- double malt
- ...and any other related term/name
Any restrictions on importing Glen Breton into the USA? Assuming I can find any next time I’m in Canada (which might be a few months)...
There really are quite a few differences...if you drink these bevs, you can taste (some of) the differences immediately. Of course, if you’re a serious connoisseur, then the differences are vast.
Very briefly, and by no means comprehensively:
ALL the items you list are generically known as “whisky” or “whiskey” (just a spelling variation) which also includes Rye whiskeys and Canadian whiskeys (most of which are rye-oriented)
“Scotch” whiskey is filtered or stored (for some part of the mfg process) in contact with charred peat...yes, from bogs, like the Scottish moors! And thus has a quite a smoky distinctive taste.
Single malt (scotch) whiskeys imply small “artisan” production and are valued for their distinct flavors. They are usually pricey because they are “cult” items and produced in small qtys. They are very, very tasty!
Double or “blended” scotch whiskeys are blended so that they are uniform, batch to batch. They have a different “mass” appeal than the “handcrafted” type of flavor that single malts have.
Bourbons are made from corn and tend to be a tad sweeter and much less smoky than most scotches.
Obviously, there is a wide range of variations, the sweetest scotch could be sweeter than the sourest bourbon, the smokiest bourbon could be smokier than the least smoky scotch.
Rye whiskeys are usually characterized as lighter, smoother.
A difference in the Glen Breton single malt is a slightly distinct apple taste. The story they told us is that the stream from which the water used is taken goes up into the hills where there are numerous apple trees, planted back when the area was settled. These no longer harvested apples fall into the stream and as they deteriorate give it that apple flavor.
Like ——exactly, vis a vis: single malt vs blended scotch.
A gourmet would (if they liked it) seek out & pay more for that slight difference. A Cutty Sark / Jim Beam drinker would either not care, not like, or just prefer to pay less for their buzz.
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