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8th April 08, 08:58 AM
#1
 Originally Posted by Phil
You could say exactly the same about MacDonald but just try opening a burger bar with that name over the door just because you might be called that. Those guys are seriously litigious and would have you in court before you could draw breath. Lots of people are called MacDonald though - I even know one or two myself. I don't think Canada is the real problem but if they start selling the stuff other places like Japan or India which are big markets for scotch anyone there seeing the word "Glen" is immediately going to associate it with scotch. They might not even be able to translate the rest of the label but they will have heard of GLEN fiddich or GLEN morangie or GLEN moray before and assume it is the same.
Certainly "glen" offers some name recognition, but Glenora Distillers is based in Glenville, next to the community of Glenora Falls in Nova Scotia, a province named New Scotland (in Latin).
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8th April 08, 03:00 PM
#2
 Originally Posted by robthehiker
Certainly "glen" offers some name recognition, but Glenora Distillers is based in Glenville, next to the community of Glenora Falls in Nova Scotia, a province named New Scotland (in Latin).
The problem isn't that they called their product Glenora, but Glen Breton, a totally made up place name. And obviously, a place name made up to cash in on the fact that many, if not most, premium brands of Scotch whisky are "Glen" whiskies. If you were to ask 100 Scotch drinkers where Glen Breton whiskey was distilled there is a very high probability that 100 of them would say Scotland. That's why the courts found in favour of the Scotch Whisky Association.
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8th April 08, 03:43 PM
#3
 Originally Posted by MacMillan of Rathdown
The problem isn't that they called their product Glenora, but Glen Breton, a totally made up place name. And obviously, a place name made up to cash in on the fact that many, if not most, premium brands of Scotch whisky are "Glen" whiskies. If you were to ask 100 Scotch drinkers where Glen Breton whiskey was distilled there is a very high probability that 100 of them would say Scotland. That's why the courts found in favour of the Scotch Whisky Association.
Fair enough. However I doubt the problem goes away if they call it "Glenora". If it were me I'd move the distillery to Scotsville or Scotsburn or better yet, Scotch Village - all towns in Nova Scotia.
Seriously though I wonder how dimwitted they think the consumers are.
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8th April 08, 03:50 PM
#4
It's called "passing off"...
 Originally Posted by robthehiker
Fair enough. However I doubt the problem goes away if they call it "Glenora". If it were me I'd move the distillery to Scotsville or Scotsburn or better yet, Scotch Village - all towns in Nova Scotia.
Seriously though I wonder how dimwitted they think the consumers are.
There would still likely be a problem with "Glenora" or "Glen Ora". For example, if your last name was Macmillan, you'd have problems setting up a publishing company called "MACMILLAN PUBLISHING"; same if your name is McDonald and you wanted to open a hamburger stand... but you get the idea.
How dimwitted are consumers? Well, like the man said, "No one ever went broke underestimating the buying public."
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11th June 09, 12:44 PM
#5
Necroposting here, but the Supreme Court of Canada has refused to hear the appeal of a ruling that allows a Canadian company to call it's single malt scotch "Glen Breton". Good news to people such as our own McMurdo who thought he would have to change his name to Bob or Doug!
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11th June 09, 01:39 PM
#6
 Originally Posted by MacMillan of Rathdown
There would still likely be a problem with "Glenora" or "Glen Ora". For example, if your last name was Macmillan, you'd have problems setting up a publishing company called "MACMILLAN PUBLISHING"; same if your name is McDonald and you wanted to open a hamburger stand... but you get the idea.
But this isn't really the same thing as McDonalds. It's not like they are calling it "Johnny Walker Glen Breton". There isn't a single malt brand name in Scotland using the name Glen Breton. It's not like using the name McDonalds, this is more akin to another burger place being told they can't use the word "burger" in their name, because it could make people think that the burger came from McDonalds. In your example of Macmillan, this case would be akin to Macmillan publishing saying their competitors can't use the words "printer", because that word would make consumers assume that it was printed by Macmillan.
Last edited by BEEDEE; 14th June 09 at 04:27 PM.
Reason: Fixed broken quote
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13th June 09, 08:47 PM
#7
[QUOTE=siva011;739194][QUOTE=MacMillan of Rathdown;521638]There would still likely be a problem with "Glenora" or "Glen Ora". For example, if your last name was Macmillan, you'd have problems setting up a publishing company called "MACMILLAN PUBLISHING"; same if your name is McDonald and you wanted to open a hamburger stand... but you get the idea. QUOTE]
But this isn't really the same thing as McDonalds. It's not like they are calling it "Johnny Walker Glen Breton". There isn't a single malt brand name in Scotland using the name Glen Breton. It's not like using the name McDonalds, this is more akin to another burger place being told they can't use the word "burger" in their name, because it could make people think that the burger came from McDonalds. In your example of Macmillan, this case would be akin to Macmillan publishing saying their competitors can't use the words "printer", because that word would make consumers assume that it was printed by Macmillan.[/QUOT " Johnny Walker Glen Breton', I like the sound of that!................John Walker int:
By Choice, not by Birth
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