Wise Property Care Ltd v. White Thomson Preservation Ltd & Ors [2008] ScotCS CSOH_46 (20 March 2008)

Wise Property Care Ltd v. White Thomson Preservation Ltd & Ors [2008] ScotCS CSOH_46 (20 March 2008)

The pursuers have established a prima facie case that the defenders' use of names and branding is likely to cause confusion and wrongful association with the pursuers' business, thereby risking damage to their goodwill. The balance of convenience favours maintaining the interim interdict to preserve the status quo and prevent unquantifiable harm to the pursuers.

Citation
[2008] ScotCS CSOH_46
Parties
Pursuer: Wise Property Care Limited; First Defender: White Thomson Preservation Limited; Second Defender: White Thomson Preservation (Northern) Limited; Third Defender: Ewan MacGregor White
Jurisdiction
Scotland
Judgment Date
20 March 2008
Procedural Posture
Civil Passing Off / Motion to Recall Interim Interdict
Outcome
Interim interdict maintained; motion to recall refused.
Legal Topics
Passing Off, Goodwill, Misrepresentation, Trade Names, Interim Interdict
Intellectual Property Commercial Law Passing Off Goodwill Misrepresentation Trade Names Interim Interdict

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Parties

Wise Property Care Limited

Pursuer

White Thomson Preservation Limited

First Defender

White Thomson Preservation (Northern) Limited

Second Defender

Ewan MacGregor White

Third Defender

Procedural Posture

Civil Passing Off / Motion to Recall Interim Interdict

Legal Issues

  1. 1 Whether the defenders' use of certain business names constitutes passing off against the pursuers
  2. 2 Whether the pursuers have established a prima facie case for interim interdict
  3. 3 Whether confusion or misrepresentation is likely to cause damage to the pursuers' goodwill

Ratio Decidendi

The pursuers have established a prima facie case that the defenders' use of names and branding is likely to cause confusion and wrongful association with the pursuers' business, thereby risking damage to their goodwill. The balance of convenience favours maintaining the interim interdict to preserve the status quo and prevent unquantifiable harm to the pursuers.

Court Disposition

Interim interdict maintained; motion to recall refused.

Orders

  • Defenders are interdicted from passing off as the pursuers by using specified names or any colourably similar names likely to cause confusion with the pursuers' business.