New focus for Tomatin Trading Company after legal victory which allows a £12 million hotel and leisure project to proceed – the trademark infringement case brought by Tomatin Distillery for use of the name Tomatin
Register for free to read more of the latest local news. It's easy and will only take a moment.
The developer behind a £12 million hotel and leisure project has welcomed what he called a “landmark victory” at the Court of Session that allows the project to proceed.
William Frame was delighted with the win in a trademark infringement case brought by Tomatin Distillery against his Tomatin Trading Company for use of the name Tomatin.
But the two-year legal battle came to an end when Lady Wolffe dismissed the submissions made by the distillery, concluding that it had failed in all its claims for infringement. It means around 100 new jobs can be created in the hospitality industry as well as making use of a site that has gone unused for many years, previously well known for having a Little Chef.
Mr Frame said: “We are delighted with the court’s verdict, and can finally, after a two-year delay, look forward to kicking off this important development.
“In addition to ruling that there had been no trade mark infringement by the Tomatin Trading Company, the court ruled that the distillery’s additional trade marks, registered in 2018, were invalid on the grounds of bad faith.
“This is an unprecedented ruling in Scotland, and the court specifically noted in its judgement that cases in which bad faith is established are relatively rare. We proved on the basis of cogent and compelling evidence that the distillery was in bad faith at the time it registered the 2018 marks.
“Our focus now shifts to announcing our build team, together with finalising our financial team. We are keen to get started as soon as we can, and feel that we have assembled a unique and pro-active team which will work collaboratively together.”
In the wake of the judgement, came news of a range of contractors to deliver the project that include Blyth and Blyth Engineers, Norr Architects of Inverness, and Thomson Bethune.
The centrepiece of the development – the 99-bedroom hotel – will be created using an innovative modular build technique.
A mix of full-time and part-time managerial jobs in retail and hospitality roles will be created on the launch of the new Tomatin Trading Company, with more following as the development establishes itself.
Chris Taylor, VisitScotland’s regional leadership director, said: “This investment into the overall Highland tourism product is very positive news and as domestic – and regional – tourism increases in popularity among visitors, locations such as this, showcasing local food, drink and retail will be very popular.
“The creation of 100 new jobs is very welcome news at a time when so many jobs in tourism and hospitality have been lost.”
