Scotch whisky client secures win in Scottish trade mark appeal case

We are pleased to announce a landmark win for our client Aceo Limited before the Scottish Court of Session, involving its COLEBURN brand.

We secured a favourable outcome for our client in a consolidated trade mark opposition/cancellation action before the UKIPO tribunal, and the other party then appealed the decision to the Scottish Court of Session.

A hearing of the case took place in August, and a decision was issued on Thursday.

In what is believed to be only the second case of its nature before the Scottish Court of Session, we were pleased that the original decision has been upheld, with the key points of the appeal being dismissed and the original decision of the UKIPO upheld overall.

Sarah Talland, Trade Mark Attorney and Potter Clarkson’s FMCG/consumer goods sector group lead added:

We are delighted with the result of the appeal for our client and thank Aceo for their continued trust in our firm.”

Edward Odim, Managing Director of Aceo, commented:

We are very happy with the outcome of this case and thank Sarah Talland and her team, along with Burness Paull and Usman Tariq in Scotland, for their excellent work in this matter.”