The Tomatin Trading Company, which has planning permission to create a 99 bedroom hotel, plus 200 seater restaurant, farm shop, filling station and retail development just off the Tomatin junction on the A9, has just completed a three year legal battle with Tomatin Distillery.
The Court of Appeal has dismissed Tomatin Distillery’s most recent appeal.
Lady Woolfe’s had pronounced that the Distillery had no monopoly on the use of the word Tomatin which would have prevented the trading company using the name on their non-whisky products.
“The Tomatin Trading Company is more than happily relieved that the original ruling has been upheld and that justice and common sense has finally prevailed,” said William Frame, the businessman behind the proposed development.
“We look forward to putting this case firmly behind us, and can now finish off our financial structuring with real confidence, getting down to the very important business of actually starting – and delivering – this important new development for the Tomatin – and wider Highlands – areas,” he added.
“This whole legal action, brought by Tomatin Distillery, was absolutely unnecessary from day one, especially as The Tomatin Trading Company had tried to find reasonable compromise which was summarily dismissed by Stephen Bremner, the Managing Director of Tomatin Distillery who had said, in the presence of both parties’ solicitors, “William, you can quite simply make this go away by changing the name.
“This left myself and my small team with no option but to take on a multinational drinks combine.”
“It has been an extremely long and hard three years that this has hung over myself and my family, causing unnecessary stress, anxiety, cost and uncertainty. The case has been fought without the reserves of a large company, but in this case we think that we can finally say that integrity has ultimately won, and that David has defeated Goliath! I wish to thank all those who have supported me in this difficult journey, which has had many dark moments. Special mention goes to my legal team at MacRoberts LLP – Julie Hamilton, Euan Duncan and Lynsay Cargill, together with Advocates Usman Tariq and Kenny Mcbrearty.”
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