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Scotland decisions
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The court held that the first defender infringed one registered trade mark for a limited period, but rejected passing off, damages, and claims against the second defender.
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.
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.
WILLIAM GRANT & SONS IRISH BRANDS LTD AGAINST (FIRST) LIDL STIFTUNG & CO KG AND OTHERS [2021] ScotCS CSIH_38 (20 July 2021)
The IP judge was entitled to find a prima facie case of infringement under section 10(3) of the Trade Marks Act 1994, as Lidl's Hampstead gin bottle was sufficiently similar to Hendrick's gin to create a link in consumers' minds and potentially take unfair advantage of the trade mark's reputation. The Scottish court has jurisdiction to grant an interdict with UK-wide effect against defenders domiciled in Scotland.
Source excerpt
THE UNIVERSITY COURT OF THE UNIVERSITY OF ST ANDREWS AGAINST STUDENT GOWNS LTD [2019] ScotCS CSOH_86 (08 November 2019)
The Court of Session held that it had jurisdiction over trade mark infringement and passing off claims against an English gown seller, and refused to stay the case for forum non conveniens.
Tartan Army Ltd v Sett GmbH & Ors [2017] ScotCS CSOH_22 (10 February 2017)
The Court of Session held that Tartan Army Limited’s trade marks were valid and infringed by Alba Football Fans Limited’s use of the name for magazine and travel services.
The Tartan Army Ltd v Sett GMBH & Ors [2015] ScotCS CSOH_141 (22 October 2015)
The Court of Session held that pleadings against a sole director personally were irrelevant: control of a one-man company was not enough for liability.
Schuh Ltd v Shhhh Ltd [2011] ScotCS CSOH_123 (26 July 2011)
The Court of Session refused interim interdict in a trade mark and passing off dispute between footwear retailers Schuh and Shhhh... Limited.
Petition of General Osteopathic Council v Sodande [2011] ScotCS CSOH_39 (01 March 2011)
The Outer House granted interdict stopping an unregistered osteopath from describing himself as an osteopath, holding the Council had title to sue.
Wise Property Care Ltd v. White Thomson Preservation Ltd & Ors [2008] ScotCS CSIH_44 (16 July 2008)
The Inner House refused a reclaiming motion and upheld interim interdict in a passing-off dispute over similar property preservation business names.
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