THE TOMATIN DISTILLERY COMPANY LTD AGAINST THE TOMATIN TRADING COMPANY LTD [2022] ScotCS CSIH_28 (14 June 2022)

THE TOMATIN DISTILLERY COMPANY LTD AGAINST THE TOMATIN TRADING COMPANY LTD [2022] ScotCS CSIH_28 (14 June 2022)

The court found that TTC did not establish bad faith in the distillery's registration of the 2018 figurative mark, that there was no likelihood of confusion between the marks, and that TTC's use of its sign would be in accordance with honest practices. Therefore, no infringement occurred and interdict was refused.

Citation
[2022] ScotCS CSIH_28
Parties
Pursuer and Reclaimer: The Tomatin Distillery Company Limited; Defender and Respondent: The Tomatin Trading Company Limited
Jurisdiction
Scotland
Judgment Date
14 June 2022
Procedural Posture
Intellectual Property / Appeal (reclaiming Motion) From First Instance Decision
Outcome
Reclaiming motion refused; interlocutor varied to recall bad faith finding in part; no interdict granted.
Legal Topics
Trademark Infringement, Passing Off, Bad Faith Registration, Honest Practices Defence, Likelihood of Confusion
Intellectual Property Trademark Law Trademark Infringement Passing Off Bad Faith Registration Honest Practices Defence Likelihood of Confusion

Case Brief

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Parties

The Tomatin Distillery Company Limited

Pursuer and Reclaimer

The Tomatin Trading Company Limited

Defender and Respondent

Procedural Posture

Intellectual Property / Appeal (reclaiming Motion) From First Instance Decision

Legal Issues

  1. 1 Whether the 2018 figurative mark was registered in bad faith
  2. 2 Whether TTC's sign infringes the distillery's trade mark
  3. 3 Whether TTC's use accords with honest practices

Ratio Decidendi

The court found that TTC did not establish bad faith in the distillery's registration of the 2018 figurative mark, that there was no likelihood of confusion between the marks, and that TTC's use of its sign would be in accordance with honest practices. Therefore, no infringement occurred and interdict was refused.

Court Disposition

Reclaiming motion refused; interlocutor varied to recall bad faith finding in part; no interdict granted.

Orders

  • Recall of interlocutor of 8 October 2021 to the extent of section 3(6) bad faith finding
  • Repel TTC's 3rd and 4th pleas-in-law in the counterclaim