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Scotland Case Law

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Contract law [2024] CSOH 89

Rocep-Lusol Holdings LTD against Lindal Dispenser GmbH (Court of Session)

Rocep-Lusol Holdings LTD against Lindal Dispenser GmbH (Court of Session) [2024] CSOH 89 (19 September 2024)

The Court of Session held that post-expiry royalties were contractually due, rejected the defender’s exclusivity and competition-law objections, and ordered an accounting.

  • Patent licensing
  • Royalty payments
  • Contract interpretation
  • Anti-competitive agreements
  • Abuse of dominant position
  • Patent-licensing
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Intellectual property [2024] SCEDIN 35

Jepuson UK LTD against E & A International LTD (Sheriff Court Civil)

Jepuson UK LTD against E & A International LTD (Sheriff Court Civil) [2024] SCEDIN 35 (23 July 2024)

The sheriff refused a minute for breach of interim interdict over a mini satchel, holding the defender’s lambswool version was not within the Harris Tweed-specific order.

  • Unregistered design right
  • Interim interdict
  • Contempt of court
  • Design infringement
  • Unregistered-design-right
  • Interim-interdict
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Contract law [2024] ScotCS CSOH_67

DEEPMATTER LTD AGAINST THE UNIVERSITY COURT OF THE UNIVERSITY OF GLASGOW

DEEPMATTER LTD AGAINST THE UNIVERSITY COURT OF THE UNIVERSITY OF GLASGOW [2024] ScotCS CSOH_67 (04 July 2024)

The Court of Session held that DeepMatter had a reasonable basis to request contractual disclosure under an IP agreement and ordered production subject to limits.

  • Enforcement of contractual obligations
  • Ip assignment
  • Patent licensing
  • Disclosure obligations
  • Contract-law
  • Intellectual-property
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Intellectual property [2024] ScotCS CSOH_22

SKY LTD AND ANOTHER AGAINST CHRISTOPHER AIRLIE

SKY LTD AND ANOTHER AGAINST CHRISTOPHER AIRLIE [2024] ScotCS CSOH_22 (01 March 2024)

The Court of Session held that showing Sky sports broadcasts on customer devices in a pub infringed copyright in on-screen graphics and granted interdict.

  • Copyright infringement
  • Communication to the public
  • Damages assessment
  • Interdict (injunction)
  • Publication orders
  • Copyright-infringement
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Intellectual property [2023] ScotCS CSOH_66

APPEAL BY D&M WINCHESTER LTD AGAINST COLEBURN DISTILLERY LTD

APPEAL BY D&M WINCHESTER LTD AGAINST COLEBURN DISTILLERY LTD [2023] ScotCS CSOH_66 (05 October 2023)

Court of Session appeal in a trade mark dispute over COLEBURN. Most of the UKIPO decision was upheld, but the finding of bad faith was set aside.

  • Trademark registration
  • Revocation for non-use
  • Opposition proceedings
  • Likelihood of confusion
  • Bad faith applications
  • Trade-mark-law
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Intellectual property [2022] ScotCS CSIH_28

THE TOMATIN DISTILLERY COMPANY LTD AGAINST THE TOMATIN TRADING COMPANY LTD

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

The Court of Session held that Tomatin Trading Company’s proposed use did not infringe the distillery’s marks and refused interdict, while varying a bad faith finding.

  • Trademark infringement
  • Passing off
  • Bad faith registration
  • Honest practices defence
  • Likelihood of confusion
  • Trade-mark-infringement
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Intellectual property [2021] ScotCS CSOH_100

THE TOMATIN DISTILLERY COMPANY LTD AGAINST THE TOMATIN TRADING COMPANY

THE TOMATIN DISTILLERY COMPANY LTD AGAINST THE TOMATIN TRADING COMPANY [2021] ScotCS CSOH_100 (06 October 2021)

Trade mark dispute over use of “Tomatin Trading Company” near the Tomatin distillery, with claims of infringement, passing off, and invalidity.

  • Trademark infringement
  • Passing off
  • Trade mark validity
  • Bad faith registration
  • Geographical indication
  • Public policy
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Intellectual property [2021] ScotCS CSOH_72

REACTEC LTD AGAINST CUROTEC TEAM LTD

REACTEC LTD AGAINST CUROTEC TEAM LTD [2021] ScotCS CSOH_72 (16 July 2021)

The Court of Session refused to treat RTGH as dominus litis in a patent dispute, holding its shareholder and creditor interests did not amount to complete control.

  • Patent infringement
  • Dominus litis
  • Non-party costs orders
  • Corporate control
  • Liability for litigation expenses
  • Dominus-litis
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Intellectual property [2021] ScotCS CSOH_36

SKY UK LIMITED AGAINST ALEX CHERRIE

SKY UK LIMITED AGAINST ALEX CHERRIE [2021] ScotCS CSOH_36 (06 April 2021)

The Court of Session granted interim interdict against a Reddit and YouTube operator alleged to have copied Sky broadcasts and shared hyperlinks to them online.

  • Copyright infringement
  • Communication to the public
  • Online platforms
  • Hyperlinking
  • Interim interdict
  • Copyright-infringement
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Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.