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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.
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.
HUGH HALL CAMPBELL KC AGAINST JAMES FINLAY (KENYA) LTD [2022] ScotCS CSOH_94 (20 December 2022)
The Court of Session refused to vary interim interdicts, finding no material change of circumstances and holding that comity did not require relief.
HUGH HALL CAMPBELL KC AGAINST JAMES FINLAY (KENYA) LTD [2022] ScotCS CSOH_95 (30 September 2022)
The Court of Session managed related group proceedings and petitions arising from Kenyan anti-suit litigation, sisting the case briefly, refusing anonymised receipt of a revised group register, and extending time to join the group.
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.
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
HIGHLANDS AND ISLANDS ENTERPRISE AGAINST CS WIND UK LTD [2020] ScotCS CSIH_48 (18 August 2020)
The Inner House refused a reclaiming motion against interim interdict, declining to interfere with the commercial judge’s discretionary order.
BRITISH GAS TRADING LTD AND ANOTHER AGAINST DEREK MCPHERSON [2020] ScotCS CSOH_62 (29 May 2020)
Defamation case where the court allowed removal of earlier blog posts but refused to order removal of later posts, and dealt with expenses.
BRITISH GAS TRADING LTD AND ANOTHER AGAINST DEREK MCPHERSON [2020] ScotCS CSOH_61 (13 May 2020)
The Court of Session granted interim interdict in a defamation case after finding blog posts by Derek McPherson likely defamatory and not saved by fair comment.
HIGHLANDS & ISLANDS AIRPORTS LTD AGAINST THE COMMITTEE FOR THE COMBINED COMMON GRAZINGS OF MELBOST AND BRANAHUIE [2020] ScotCS CSIH_8 (28 February 2020)
The Inner House held that Stornoway Airport land was compulsorily acquired in wartime, extinguishing crofting rights without section 25 approval.
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