Whisky firm loses legal fight over Tomatin name

A whisky producer has failed in a legal bid to stop a hotel developer from using the name of a Highland village in its branding.

Tomatin Distillery was opposed to The Tomatin Trading Company also using the name of the village.

The distillery's owners argued it amounted to an infringement of its trademarks.

But a Court of Session judge has decided the public would know they were different businesses.

In a written judgement 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)."

The whisky firm produces the Tomatin single malt and has a visitor centre at its distillery in the small village near Inverness.

It has used the village's name in its branding since 1963, and in 2018 began using it for other products and properties.

Tomatin Trading owns a plot of land close to the distillery.

It was granted permission for a development in 2018, which includes a hotel, farm shop, restaurant and petrol station.

In 2019 it filed a trademark application with the UK Intellectual Property seeking to register a sign, which included the word Tomatin.