Issue #113 of the Malt Maniacs newsletter has now been published online with eight new Single Malt Scotch Whisky articles.
Visit http://www.maltmaniacs.org/malt-113.html to read these excellent articles today.
Kate Hopkins’ new book “99 Drams of Whiskey: The Accidental Hedonist’s Quest for the Perfect Shot and the History of the Drink” is getting a lot of attention from whisky lovers…and with good reason. She’s been blogging as the Accidental Hedonist since 2004, and I think it’s one of the best whisky books of the year. We’ll hear from Kate in this episode…and in the news, the legal fight over Glen Breton Rare Single Malt Canadian Whisky may be over after a Canadian Supreme Court ruling, Isle of Jura shuts down because of ferry problems, and new whiskies from The Glenrothes and Douglas Laing.
Visit http://whiskycast.com/ to listen to this Episode
From the Supreme Court of Canada legal briefs;
The Respondent Glenora, a distiller located in Nova Scotia, applied to register GLEN BRETON as a trademark for use in association with its whisky. The application was opposed by the Scotch Whisky Association, which took exception to Glenora using a mark prefixed with the word “glen” for its whisky. It claims that the use of “glen”-prefixed marks in association with several well-known single malt Scotches (Glenlivet, Glenmorganie, and Glenfiddich) has resulted in an association between the word “glen” and whiskies distilled in Scotland. The grounds of opposition were premised on this alleged association. The Trade-marks Opposition Board rejected the Association’s objection. Although there was evidence of “glen”-prefixed marks used by Scotch whisky distillers, the use was not sufficiently widespread as to have instructed Canadian consumers to associate the word “glen” with Scotch whiskies. Accordingly, it found that “glen” had not become recognized through “ordinary and bona fide commercial use” as designating the geographic origina of whisky, and was not a prohibited mark pursuant to s. 10 of the Trade-marks Act . The Association’s application for judicial review, which was accompanied by significant new evidence on the issue of confusion in the marketplace, was allowed and the Registrar of Trade-marks was directed to refuse Glenora’s application to register GLEN BRETON. The C.A. allowed an appeal and directed the Registrar to allow Glenora’s application to register GLEN BRETON.
Scotch Whisky Association v. Glenora Distillers International Ltd. (Fed. C.A., January 22, 2009) (33079) “The application for leave to appeal…is dismissed with costs.”
Glenora Distillers International Ltd. wins fight against the Scotch Whisky Association over the name of its single malt whisky
Susan Krashinsky
Globe and Mail Update, Thursday, Jun. 11, 2009 04:19PM EDT
They’re celebrating at the offices of a small Cape Breton distillery after winning a nine-year legal battle over the name of its single malt whisky.
“We’re celebrating now,” Bob Scott, vice-president of Glenora Distillers International Ltd. of Glenville, N.S., said Thursday after a decision by the Supreme Court of Canada put an end to the distiller’s fight with the Scotch Whisky Association. “I have a wee dram of Glen Breton in my hand as we speak.”
The Supreme Court refused to hear an appeal of a lower court decision to allow the distillery to use the word “Glen” in the name of its Glen Breton Rare whisky.
The Scotch Whisky Association has said the name creates confusion in the market by implying a connection to household names in Scotch whisky, such as Glenlivet and Glenfiddich.
The association submitted evidence to the court that showed Glen Breton being described as Scotch whisky in Canada, such as on menus and on price lists at some provincial liquor boards.
“Glenora has marketed its product as Scotch in all but name,” said David Williamson, a representative for the association. “The market was confused by that trademark.”
According to Mr. Williamson, there is international precedent that the use of “Glen” on a whisky not produced in Scotland is a form of unfair competition.
The Scots have good reason to defend their brand: Scotch whisky is sold in almost 200 countries internationally and is Scotland’s largest export. It also represents 25 per cent of the United Kingdom’s food and drink exports, according to the Scotch Whisky Association.
Mr. Williamson said this success is based on a strong international reputation, and any product that adopts a Scottish-sounding name is taking unfair advantage of that worldwide brand recognition.
But Glenora Distillery’s Mr. Scott argues Glen Breton has a fair claim to its moniker.
“We’re in a glen,” Mr. Scott said. “We’re in Glenville, we’re in Cape Breton, and that’s where the name came from.”
Now that the Supreme Court has made its decision, Glen Breton will be registered as a trademark in Canada.
The legal battle started with the company’s initial application for the “Glen Breton” trademark in 2000.
The case went through four levels of court challenges. In January, the Federal Court of Appeal approved its trademark registration, which prompted the Scotch Whisky Association to take its appeal to the Supreme Court.
Mr. Scott would not comment on exactly how much this battle has hurt his small company, but he said that aside from legal costs, the fear of further challenges has prevented the distillers from marketing Glen Breton in some countries overseas.
“Now we can do whatever we like, moving forward with our brand name,” Mr. Scott said, adding that the exposure Glenora has received as a result of the case has been helpful. “It gives us brand recognition, which helps us out.”
The company is now planning to market Glen Breton in Asia, with future plans for expansion into Europe.
The Scotch Whisky Association has vowed to keep fighting against expansion of the Glen Breton brand into international markets, but for now there is a party going on at offices of the Nova Scotia distillery.
“It’s a really huge victory for us,” Mr. Scott said. “We’re celebrating – and I have a designated driver for tonight.
The Scotch malt Whisky Society of America has released its June 2009 Bottling List featuring many exceptinal limited bottlings from all the regions of Scotland.
The list may be viewed at http://www.smwsa.com/members/index.html
The Society is famed for the quality of its single cask bottlings released without chill filtration or the addition of coloring.
You may join the Society at http://www.smwsa.com/join.html
Please be advised Beer Hunter, Whisky Chaser (9781906000042) is available to order from Meluki Book Marketing for $23.95. Beer Hunter, Whisky Chaser is a new writing on beer and whisky in honour Michael Jackson with contributions from Stephen Beaumont, Dave Broom, Ian Buxton, John Hansell, Julie Johnson, Charles MacLean, Hans Offringa, F Paul Pacult, Roger Protz, Lucy Saunders, Conrad Seidl, Carolyn Smagalski and Gavin D Smith. Please see the attached flyer for more information on this title.
Other new whisky titles available include:
9781903238677 Goodness Nose $35.95
9781841586526 Whisky Distilleries of the United Kingdom $69.95
And soon to arrive in stock:
9781906476038 A-Z of Whisky new edition price TBA
9781841585567 MacLean’s Whiskypedia price TBA
For more information on these titles, trade discounts, or to place an order, please contact us directly or visit our website http://store.meluki.ca/spirits.html
Meluki Book Marketing
604-925-4415 (tel)
604-925-4438 (fax)
Dear Malt Messenger Subscribers,
The Spring Single Malt Festival is only a couple of days away, and there are still about 10 of the 100 tickets still available. The cost of the tasting is $60, which includes your own Glencairn glass, and an opportunity to sample from the more than 80 single malts available.
As one final inducement I have included the full list below of all the single malt which will be available for sampling. Also we have added a couple of special whiskies to the lineup in the last few days which should make for a more interesting tasting. Firstly, there are four rare, older whiskies:
1. Brora 25Yr
2. Bushmills 21Yr
3. Balvenie 30Yr
4. BenRiach 25Yr
Secondly, Andy Dunn from Gold Medal Marketing has also kindly donated 3 different cask samples of Springbank 1996 that were filled last year. All three of them are from different Sherry casks, filled on the very same day:
1. Springbank Cask Sample 1996 Cask 257
2. Springbank Cask Sample 1996 Cask 260
3. Springbank Cask Sample 1996 Cask 269
The following is the complete list of whiskies which will be sampled at the festival. Hope you can join us!
· KWM Exclusive Cask Bottlings:
1. Springbank 1996 KWM Manzanilla Sherry Cask
2. Tullibardine 1987 KWM Cask
3. OMC KWM Port Ellen 25Yr
4. G&M KWM Glen Grant 1966
· Douglas Laing Whiskies
1. OMC Jura 16Yr
2. OMC Ardmore 30Yr
3. OMC KWM Port Ellen 25Yr
4. Provenance Allt A Bhainne 11Yr
5. Provenance Glendullan 14Yr
· Gordon & MacPhail
1. KWM Glen Grant 1966
2. Strathisla 25Yr
3. Strathisla 30Yr
4. Strathisla 40Yr
5. Smith’s Glenlivet 21Yr
· Signatory
1. Port Ellen 1982 25Yr
2. Mortlach 19Yr
3. Inverleven 1977
4. Glencraig 1976
5. Mosstowie 1979
6. Dalmore 1990
· Edradour
1. SFTC Port Finish
2. SFTC Sherry Cask
3. SFTC Gaja Barolo Finish
4. SFTC Grand Arome Rum Finish
5. SFTC Chardonnay Finish
6. SFTC Madeira Finish
· Springbank
1. Springbank 1996 KWM Manzanilla Cask
2. Springbank 11Yr Madeira Wood
3. Springbank 18Yr
4. Springbank Cask Sample 1996 Cask 257
5. Springbank Cask Sample 1996 Cask 260
6. Springbank Cask Sample 1996 Cask 269
7. Longrow 10Yr
8. Longrow 14Yr
9. Hazelburn 8Yr
· Benromach Organic
· Tullibardine 1987 KWM Cask
· Yamazaki
1. 12Yr
2. 18Yr
· Bowmore
1. 15Yr Darkest
2. 16Yr Wine Cask Matured
· Glen Garioch 21Yr
· Auchentoshan
1. 12Yr
2. 18Yr
· Arran
1. 10Yr
2. 12Yr
3. 100 Proof
4. Robbie Burns 250th Anniversary
5. St. Emillon Grand Cru Cask
· The Ileach Cask Strength
· Finlaggan Cask Strength
· Bruichladdich
1. Resurrection 2001
2. Manzanilla Cask 1998
3. Oloroso Cask 1998
4. Waves
5. X4
6. 16Yr Bourbon Cask
7. Octomore
· Glenfarclas
1. 10Yr
2. 12Yr
3. 15Yr
4. 17Yr
5. 21Yr
6. 105 Cask Strength
· Glen Elgin 12Yr
· Clynelish 14Yr
· Lagavulin 16Yr
· Caol Ila 12Yr
· Johnnie Walker Gold Label
· Bushmills
1. 1608
2. 21Yr
· Brora 25Yr
· Glenfiddich
1. 15Yr
2. 18Yr
3. 21Yr
· Balvenie
1. 12Yr Signature
2. 17Yr Sherry Oak
3. 21Yr Port Wood
4. 30Yr
· Dalmore 15Yr
· Jura 16Yr
· BenRiach
1. 12Yr Arumaticus Fumosus
2. 12Yr Herodotus Fumosus
3. 15Yr Jamaican Dark Rum Finish
4. 15Yr Madeira Wood Finish
5. 15Yr Tawny Port Finish
6. 25Yr
· Oddities
1. Scotch Malt Whisky Society 3.146
2. Scotch Malt Whisky Society 33.74
. Chivas Brothers Glenallachie 18Yr
____________________
If you have any whisky questions or comments concerning The Malt Messenger please contact me by e-mail, phone, or drop by the store. Feel free to forward me any whisky news you feel should be included in a future issue of The Malt Messenger; it might just get included.
All of the products mentioned in THE MALT MESSENGER can be purchased in store, over the phone or from our website at www.kensingtonwinemarket.com.. All prices quoted in the Malt Messenger are subject to change!
Thanks for reading the Malt Messenger!
Slainte!
Andrew Ferguson
KWM Scotchguy
403-283-8000
888-283-9004
1257 Kensington Rd. NW
Calgary, AB, Canada
T2N 3P8
scotchguy@kensingtonwinemarket.com
Dear All,
Just a very quick reminder that tickets for our Balblair tasting night (6.30pm on Monday 6th July) with John MacDonald the distillery manager will be going live at 3pm today.
Tickets are £30 each and can only be booked with a credit/debit card payment at the time of booking. Also, we do have a policy of only allowing 2 places per booking to ensure that everyone gets a chance (rather than a huge group soaking up half the places) BUT if you are looking to get extra tickets for this you’re more than welcome to mention that at the time of booking and we’ll see if we can help you out after 2pm tomorrow.
Please don’t try to request tickets by e-mail as we cannot take payment by this method!
Good luck with the re-dial and please be a bit patient as we only have 1 phone, 1 card machine, a computer that is slower than a Sinclair ZX81 (target audience reference) and one finger typing skills L.
The Team
The Whisky Exchange
Vinopolis
1 Bank End
London
SE1 9BU
Tel:- +44 (0) 207 403 8688
Fax:- +44 (0) 207 403 8788
e-mail:- vinopolis@thewhiskyexchange.com
website:- www.thewhiskyexchange.com
Three new single malts from Loch Fyne Whiskies;
Jura Paps 15yo Mountain of Sound
Jura Paps 15yo Mountain of Gold
Jura Paps 15yo The Sacred Mountain
Or a Gift Set containing all three of the above!
Jura 1974
Dalmore 1974
Visit https://www.lfw.co.uk/blog/ for further details on all these new bottlings.
Jennifer MacMillan
Globe and Mail Update, Monday, Jun. 08, 2009 07:26PM EDT
http://www.theglobeandmail.com/
A nine-year battle over the labelling of a Cape Breton whisky has followed the course of a fine single malt, gaining complexity as it ages.
The Edinburgh-based Scotch Whisky Association is turning to the Supreme Court of Canada to stop a small Nova Scotia distillery from calling its product “Glen Breton,” arguing the word “glen” will lead consumers to believe the whisky was produced in Scotland.
The Scotch group is asking the Supreme Court for permission to appeal a lower court ruling that allows Glenora Distillers of Glenville, N.S., to use the name.
Distillery vice-president Bob Scott says the “Glen Breton” label is justified.
“It’s because we’re located in a glen, we’re near Glenora Falls and we’re in Cape Breton,” Mr. Scott said, adding that the name reflects the history of the region, settled by Scottish immigrants in the 1820s.
“It’s rich in Scottish heritage and people in the area still speak Gaelic.”
The Federal Court of Appeal sided with the distiller in January, allowing the company to register the trademark and reversing an earlier decision of the Federal Court of Canada. The transatlantic fight started in 2000, when Glenora Distillers applied for the “Glen Breton” trademark.
The Scotch group has argued the popularity of Scottish-made brands like Glenlivet and Glenfiddich links the word “glen” in consumers’ minds with whiskies distilled in Scotland.
A lawyer for Glenora Distillers has filed a formal response with the Supreme Court. Mr. Scott points out his company has never called its product “Scotch,” a name that only applies to whisky produced in Scotland. Instead, the Glen Breton brand is sold as a single-malt whisky.
Glen Breton is marketed across North America and Mr. Scott says the company would like to make a bigger push into Asian markets, but the ongoing legal battle has made that potentially expensive, since the company could be forced to rebrand if it loses in court.
“We’re a small, independently-owned company,” he said. “This legal thing is certainly hurting us.”
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