William Grant & Sons Ltd & v Glen Catrine Bonded Warehouse Ltd & Ors [1999] ScotCS 58 (19 February 1999)

William Grant & Sons Ltd & v Glen Catrine Bonded Warehouse Ltd & Ors [1999] ScotCS 58 (19 February 1999)

The court held that the goodwill attached to the name 'Grant's' was not extinguished by the corporate reorganisation, as the business activity and reputation continued substantially unchanged within the group. The goodwill remained attached to the ongoing business, and the pursuers were entitled to claim it and sue for passing off. The structure of the group and internal transfers did not constitute abandonment of the business or its goodwill.

Citation
[1999] ScotCS 58
Parties
Pursuers: William Grant & Sons Limited and Others; Defenders: Glen Catrine Bonded Warehouse Limited and Others
Jurisdiction
Scotland
Judgment Date
19 February 1999
Procedural Posture
Civil / Opinion of the Court (judgment)
Outcome
Pursuers entitled to claim goodwill and proceed with passing off action.
Legal Topics
Passing Off, Goodwill, Corporate Restructuring, Trade Marks
Intellectual Property Commercial Law Passing Off Goodwill Corporate Restructuring Trade Marks

Case Brief

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Parties

William Grant & Sons Limited and Others

Pursuers

Glen Catrine Bonded Warehouse Limited and Others

Defenders

Procedural Posture

Civil / Opinion of the Court (judgment)

Legal Issues

  1. 1 Whether goodwill attached to the name 'Grant's' survived corporate reorganisation and could be claimed by the pursuers.
  2. 2 Whether the pursuers have title to sue for passing off based on goodwill acquired by their predecessor company.

Ratio Decidendi

The court held that the goodwill attached to the name 'Grant's' was not extinguished by the corporate reorganisation, as the business activity and reputation continued substantially unchanged within the group. The goodwill remained attached to the ongoing business, and the pursuers were entitled to claim it and sue for passing off. The structure of the group and internal transfers did not constitute abandonment of the business or its goodwill.

Court Disposition

Pursuers entitled to claim goodwill and proceed with passing off action.