Whisky firm fails in trademark case

Tomatin Distillery – producer of the Tomatin single malt – opposed The Tomatin Trading Company’s use of the village’s name. The owners of the distiller argued that doing so amounted to infringement of its trademarks.

A judge in the Outer House, however, has decided the public would be able to tell the difference.

Lady Wolffe said: “The relevant public, who will be consumers of Scotch whisky, will appreciate that the defender’s sign (Tomatin Trading) is used in relation to different goods and services than those offered by the pursuer (the distillery).”