A developer has won what it describes as a ‘David and Goliath’ legal battle with a Scotch whisky company following a two year legal wrangle over its name.
Tomatin Distillery near Inverness objected to plans for a multi-million pound hotel project being built nearby under the name The Tomatin Trading Company, claiming it would take unfair advantage of its reputation.
But in a ruling at the Court of Session, Judge Lady Wolffe said that there has been no infringement of the name.
It is hoped 100 jobs will be created in the project, which will start construction next month.
The Tomatin Trading Company has planning approval for a hotel and retail complex by the A9.
However the Tomatin Distillery objected to it using the name of the Highland village in which they would both be situated.
The Japanese-owned whisky brand challenged the plans at the Court of Session in Edinburgh but Judge Lady Wolffe found in favour of the Tomatin Trading Company.
Developer William Frame said “It is an utter relief. It means that my team and I can now move forward with this project with a clear horizon.
“It has been a difficult episode but we are moving on in a positive manner to deliver the project for all involved, particularly the local community. It will be a first class tourism development with around 100 sustainable jobs.
“We are hoping to make a start in the next month or so and have a real momentum by the early spring.
“There will be a farm shop, a 200-seater eatery, petrol pumps and a hotel, it will be a seven day a week operation.
“I believe common sense has prevailed, we should all put this behind us and try to move on and learn to live with each other. My door is always open to Tomatin Distillery.”
In a statement, Stephen Bremner, Managing Director of Tomatin Distillery said “We have received the judgement and are working with our legal team to review and digest the document.
“At this stage we are not in a position to comment until we have reviewed all of the information.”