Lang Bros v Goldwell [1980] ScotCS CSIH_1 (29 February 1980)

Lang Bros v Goldwell [1980] ScotCS CSIH_1 (29 February 1980)

Petitioners' averments, though not perfectly framed, are sufficiently specific and relevant to warrant inquiry into the facts. The alleged injury to goodwill is not necessarily too remote and may be actionable if proved. The reclaiming motion should be allowed and proof before answer granted.

Source-derived case information.

Citation
[1980] ScotCS CSIH_1
Parties
Petitioner: Lang Brothers Ltd; Respondent: Goldwell Ltd
Jurisdiction
Scotland
Judgment Date
29 February 1980
Procedural Posture
Reclaiming Motion / Appeal Against Dismissal on Procedure Roll
Outcome
Reclaiming motion allowed; interlocutor of Lord Ordinary recalled; proof before answer granted.
Legal Topics
Passing Off, Goodwill, Misrepresentation, Remoteness of Damage
Intellectual Property Commercial Law Passing Off Goodwill Misrepresentation Remoteness of Damage

Source-derived case record

Summary, issues, holding and outcome

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Parties

Lang Brothers Ltd

Petitioner

Goldwell Ltd

Respondent

Procedural Posture

Reclaiming Motion / Appeal Against Dismissal on Procedure Roll

Legal Issues

  1. 1 Whether the respondents' product 'Wee M'Glen' constitutes passing-off by misrepresenting its Scottish origin
  2. 2 Whether the petitioners' averments are sufficiently specific and relevant to warrant inquiry
  3. 3 Whether alleged injury to goodwill is actionable or too remote

Ratio Decidendi

Petitioners' averments, though not perfectly framed, are sufficiently specific and relevant to warrant inquiry into the facts. The alleged injury to goodwill is not necessarily too remote and may be actionable if proved. The reclaiming motion should be allowed and proof before answer granted.

Court Disposition

Reclaiming motion allowed; interlocutor of Lord Ordinary recalled; proof before answer granted.

Orders

  • Recall interlocutor of 30th November 1976
  • Allow parties a proof before answer