Wise Property Care Ltd v. White Thomson Preservation Ltd & Ors [2008] ScotCS CSIH_44 (16 July 2008)

Wise Property Care Ltd v. White Thomson Preservation Ltd & Ors [2008] ScotCS CSIH_44 (16 July 2008)

The pursuers established a prima facie case of passing off, including goodwill in 'White Preservation', likelihood of confusion due to similar names, services, and geographical area, and risk of damage. The Lord Ordinary exercised discretion properly, and the balance of convenience favoured the pursuers. The interim interdict was not too wide.

Citation
[2008] ScotCS CSIH_44
Parties
Pursuers and Respondents: Wise Property Care Limited; Defenders and Reclaimers: White Thomson Preservation Limited; Third Defender: Ewan White
Jurisdiction
Scotland
Judgment Date
16 July 2008
Procedural Posture
Reclaiming Motion / Appeal Against Refusal to Recall Interim Interdict
Outcome
Reclaiming motion refused
Legal Topics
Passing Off, Goodwill, Interim Interdict, Business Names, Balance of Convenience
Intellectual Property Commercial Law Passing Off Goodwill Interim Interdict Business Names Balance of Convenience

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Wise Property Care Limited

Pursuers and Respondents

White Thomson Preservation Limited

Defenders and Reclaimers

Ewan White

Third Defender

Procedural Posture

Reclaiming Motion / Appeal Against Refusal to Recall Interim Interdict

Legal Issues

  1. 1 Whether the defenders' use of the name 'White Thomson Preservation' constitutes passing off against the pursuers' goodwill in 'White Preservation'
  2. 2 Whether there is a likelihood of confusion and damage to the pursuers' business
  3. 3 Whether the interim interdict granted was too wide

Ratio Decidendi

The pursuers established a prima facie case of passing off, including goodwill in 'White Preservation', likelihood of confusion due to similar names, services, and geographical area, and risk of damage. The Lord Ordinary exercised discretion properly, and the balance of convenience favoured the pursuers. The interim interdict was not too wide.

Court Disposition

Reclaiming motion refused

Orders

  • Interim interdict to remain in force as varied by the Lord Ordinary
  • Defenders liable in expenses occasioned by the Motion Roll Hearing and subsequent hearing