15/06/2022
DAVID HAS BEATEN GOLIATH!
We’re delighted to be able to post this at long last and to reconnect with our followers on facebook. We have won the appeal! Yesterday the Appeal Court dismissed Tomatin Distillery’s appeal against Lady Woolfe’s original verdict, meaning we have won and can call our development the Tomatin Trading Company after all! We are more than happily relieved that justice and common sense has finally prevailed.
The Appeal Judges concluded that there was no warrant for Tomatin Distillery – described as producing a niche brand in a niche market - to have a monopoly on the use of the word Tomatin for non-whisky products.
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.
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, 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 William and his 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 William Frame and his 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! William wishes to thank all those who have supported him in this difficult journey, which has had many dark moments. Special mention goes to his legal team at MacRoberts LLP - Julie Hamilton, Euan Duncan & Lynsay Cargill, together with Advocates Usman Tariq and Kenny Mcbrearty.