We are supporting Tomatin in protecting its trade mark portfolio and global goodwill in its brand through a Court of Session action for trade mark infringement and passing off

Our client is the owner of the world famous Tomatin Scotch whisky brand. Tomatin owns a global portfolio of trade marks, including UK and European Union trade marks and the global goodwill in the Tomatin brand.

We protected the client’s interests by raising a Court of Session action when a third party applied for a UK trade mark utilising the word Tomatin, for a wide range of goods and services, including alcohol. The third party wishes to use this name as part of a large development located very closely to our client's distillery.

This matter was referred to us by a firm of trade mark attorneys who recognise our clear reputation for trade mark and passing off dispute resolution.

Key highlights

• Our expertise and specialist knowledge of IP law and litigation led to us being instructed in this matter. 
• We got involved early to prevent dilution of our client's brand.
• Our approach sends a clear message to potential infringers that our client takes its IP rights seriously. 

Outcome

This matter is ongoing and a successful outcome will allow our client to preserve the cachet associated with its brand.