John Haig & Co Ltd v Forth Blending Co Ltd [1953] ScotCS CSOH_3 (01 October 1953)

John Haig & Co Ltd v Forth Blending Co Ltd [1953] ScotCS CSOH_3 (01 October 1953)

The distinctive three-pinched decanter or 'dimple' bottle was, at the relevant time, associated in the minds of the whisky-buying public with the petitioners' 'Dimple Scots' whisky alone. The respondents' use of an identical bottle shape, despite distinct labelling, created a likelihood of confusion and enabled dishonest or mistaken substitution, thereby appropriating the petitioners' goodwill. This constitutes passing off and entitles the petitioners to interdict.

Citation
[1953] ScotCS CSOH_3
Parties
Petitioner: John Haig & Co Ltd; Respondent: Forth Blending Co Ltd
Jurisdiction
Scotland
Judgment Date
01 October 1953
Procedural Posture
Civil / First Instance
Outcome
Interdict (injunction) granted in favour of the petitioners.
Legal Topics
Passing Off, Trade Marks, Get Up of Goods, Goodwill, Unfair Competition
Intellectual Property Commercial Law Passing Off Trade Marks Get Up of Goods Goodwill Unfair Competition

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 10 Authorities cited 16 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

John Haig & Co Ltd

Petitioner

Forth Blending Co Ltd

Respondent

Procedural Posture

Civil / First Instance

Legal Issues

  1. 1 Whether the use of a three-pinched decanter or 'dimple' bottle by the respondents constitutes passing off against the petitioners' established goodwill in that get-up.
  2. 2 Whether the shape of a bottle can be protected as part of the get-up in a passing off action.
  3. 3 Whether actual confusion or likelihood of confusion exists among the relevant public.

Ratio Decidendi

The distinctive three-pinched decanter or 'dimple' bottle was, at the relevant time, associated in the minds of the whisky-buying public with the petitioners' 'Dimple Scots' whisky alone. The respondents' use of an identical bottle shape, despite distinct labelling, created a likelihood of confusion and enabled dishonest or mistaken substitution, thereby appropriating the petitioners' goodwill. This constitutes passing off and entitles the petitioners to interdict.

Court Disposition

Interdict (injunction) granted in favour of the petitioners.

Orders

  • Respondents interdicted from selling or supplying whisky in three-pinched decanter or 'dimple' bottles in terms of the petition as amended, throughout Scotland and England.