Sadly Glenora lost the second round -- an appeal in the Federal Court -- as Mr. Justice Harrington ruled that the name 'Glen Breton' undoubtedly caused confusion in the minds of the ordinary consumer (who after all would typically be a bit off their game after their first drink anyway and reading in a darkened bar at the best of times) with the noble products of Robbie Burns' homeland. As such he held that poor Glenora could not be allowed to register the Glen Breton name and sent them back to the drawing the board. The judgment is worth a read if nothing more than for its amusing history of various 'Glen' thises or 'Glen' thats that have been sold out of places other than the Highlands and attached to things other than unsurpassed scotch single malts (I for one wonder if it is possible to find a bottle of Glenogopogo anywhere in the world today).
Justice Harrington did make the finally consoling comment though for the Scots of Cape Breton and, indeed, of all of Canada
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”.I suspect that despite these words the kilts are being tightened, the cabers tossed, the pipes aired out for the next round of battle -- on to the Federal Court of Appeal, dear clansmen! Remember Sir John A!