Harris Tweed Authority wins trademark infringement case

Harris Tweed Authority, the statutory body established to safeguard the standard and reputation of Harris Tweed, has been awarded 25,000 pounds in damages in court after winning its trademark infringement case against retail chain, Tartan House of Scotland.

The Authority launched the legal action following concerns that a number of retail outlets were using the Harris Tweed name and its famous Orb trademark logo on the outside of their premises without permission, which it claims created a “false impression” that the Harris Tweed Authority was in some way associated with the outlets.

The trademark infringement case was raised in the Court of Session in Edinburgh in February 2017, against Cashmere and Tartans Limited, which trades as Tartan House of Scotland, after previously writing to the company to object the use of its registered marks but no response was received.

The action sought to prevent the continued misuse of the Harris Tweed name and orb symbol by Cashmere and Tartans Limited across its seven retail stores located throughout central Scotland.

Harris Tweed Authority awarded 25,000 pounds after winning trademark case

In March, the tweed authority obtained a court order which contained a permanent interdict preventing Cashmere and Tartans Limited or anyone on its behalf from infringing the authority’s registered marks by adding the marks or similar signs to their various stores frontage and on their website.

In addition, the interdict order also prevents the company from suggesting their retail services are connected or authorised by the Authority, or from passing off goods as Harris Tweed when they are in fact not made from the famous Hebridean cloth, which has been protected since 1993 to ensure its standard, authenticity and reputation.

The court also awarded the Harris Tweed Authority the expenses of the action and damages of 25,000 pounds.

Lorna MacAulay, chief executive of the Harris Tweed Authority said: “We believe the outcome of this case was the correct one. It has taken generations to build Harris Tweed into the global success that it is today, and it is imperative that we safeguard it for future generations to enjoy.

“The Harris Tweed Authority takes its statutory duty to protect the brand very seriously. We continue to work closely with our lawyers Burness Paull LLP to maintain the integrity of the Harris Tweed brand and to curb any infringement of it, be that online or in retail stores.”

Harris Tweed Authority was established as the statutory body following the Harris Tweed Act of 1993. which aims to safeguard the standard and reputation of the Harris Tweed industry.

Images: Harris Tweed Authority Facebook