The Battle of the Glen Part 1 of 3: What’s in a name?
When is Scotch whisky not Scotch whisky? The answer of course is when it is not distilled and matured in Scotland. While you might expect that question and answer to be taken from the pages of a whisky...
View ArticleThe Battle of the Glen Part 2 of 3: Confusion in the Marketplace
When Glenora applied to Register “Glen Breton” as a trade-mark for use in association with its whisky, the Association opposed the registration. Specifically the Association challenged Glenora’s...
View ArticleBattle of the Glen Part 3 of 3: You can take the “Glen” out of Scotland, but...
The Federal Court of Appeal allowed the appeal and directed that the Registrar of Trade-marks allow Glenora’s application to register Glen Breton. Although the Association sought leave to further...
View ArticleCraft Beer Litigation: Understanding the Blue Moon Class Action Part 1
Readers of Alcohol & Advocacy will not be surprised to learn that as craft beer and spirits grow in market share and notoriety, so too does the volume of class action lawsuits filed against their...
View ArticleCraft Beer Litigation: Understanding the Blue Moon Class Action Part 2
In part one of Craft Beer Litigation: Understanding the Blue Moon Class Action Alcohol & Advocacy outlined the facts of a class action lawsuit started by a self-proclaimed “beer aficionado” against...
View ArticleTrouble is brewing following Wal-Mart’s entrance to the craft beer market
American craft beer class action warfare remains alive and well in 2017 with Wal-Mart entering the cross-hairs earlier this month. In February Mr. Matthew Adam of Hamilton County, Ohio commenced a...
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Diageo v. Heaven Hill: Passing off in the liquor industry
Earlier this summer Mr. Justice Boswell of the Federal Court of Canada released his decision in Diageo Canada Inc. v. Heaven Hill Distilleries, Inc., which resolved a trademark and passing off dispute...
View ArticleThe Scotch Whisky Association v. Macaloney Brewer & Distillers Ltd.
In March, 2021 the Scotch Whisky Association (“SWA”), a Scotland based trade association of the Scotch whisky industry, and Whyte and Mackay Limited, a Scotland based distilling and bottling company,...
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