A9 stop-off legal name challenge continues
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The businessman behind plans for a £12 million development on the outskirts of Tomatin said he would have done things very differently had he known the matter would end up in court.
William Frame, managing director of Tomatin Trading Company (TTC) and its parent company Braemore Estates, plans to build the 97-bedroom hotel and food and retail village next to the A9 on the outskirts of the village.
However, his plans to use the village name have resulted in a legal challenge by neighbouring Tomatin Distillery, founded in 1897, which asserts that the name is "inherently associated" with its brand and TTC would be taking unfair advantage of its reputation.
Early proposals for the development, which has already been awarded planning permission by Highland Council, used the name Juniper Village – a reference to Tomatin's Gaelic meaning, "hill of juniper" – but cross-examined by Tomatin Distillery legal representative Jonathan Lake QC at a virtual Court of Session hearing, Mr Frame said the company had registered the Tomatin Trading Company name in 2010.
"As far as we were concerned, Juniper Village died then," he said.
However, Mr Lake referred to photographs of the signs at the planned development, which was previously the site of the Freeburn Hotel and a Little Chef restaurant, dating from 2018 which still used the Juniper Hill name.
"With hindsight, I would have taken all the Juniper Hill signs down," Mr Frame responded.
"If I had known we would be here today, I would have done a lot of things differently."
He also told Mr Lake that he would not have described Tomatin Distillery as "renowned" in a 2018 planning application, had he been aware the matter would have come to court.
Mr Lake also referred to newspaper article from March 2018 which Mr Frame acknowledged had drawn from a TTC press release, making a number of references to the proximity of the A9 rather than the village. Mr Lake then quoted from a comment by Inverness Chamber of Commerce chief executive Stewart Nicol that the development would bring tourism and attention for the city and Inner Moray Forth area.
"Again, there is no mention of Tomatin," Mr Lake said.
"The Inner Moray Forth area, I imagine, would also include Tomatin," Mr Frame responded.
Mr Lake went on to refer to a TTC brochure for the development produced in 2019 which also highlighted the site's proximity to the A9.
"It's all about Tomatin, not in its own right, but as somewhere you can stop off along the way," he suggested.
Mr Frame replied: "Tomatin has been a stopping off place for travellers for generations, ever since General Wade built the military road."
In turn, Mr Lake responded: "The stopping off place was the Freeburn Hotel then the Little Chef, not the village."
Both the 2018 planning application and TTC's own website made reference to "world renowned whisky brand, including on our doorstep", Mr Lake pointed out.
"You associate yourself with the distillery by using the wording on your doorstep," he told Mr Frame.
Mr Frame answered: "They are our neighbours."
Mr Frame also told the hearing that he had done everything he could to avoid the case coming to court and had hoped the development and distillery could mutually benefit.
"In the world I operate in, we try and get on with our neighbours and send business in each other's direction, but that's fine. They can carry on and we will carry on," he said.
Asked about alternative names for the development, such as Highland Trading Company or Strathdearn Trading Company, Mr Frame responded that Highland was "overused" while nobody knew where Strathdearn was.
"Tomatin is the geographical location. Strathdearn is a collection of settlements," he said.
"Tomatin is the name of a number of businesses – Tomatin House, Tomatin Estate – the distillery does not have a monopoly on the name."
Mr Lake said: "I put it to you that the sole reason you want to use Tomatin is to identify it with the successful business which is the distillery. It could be called Juniper Village at Tomatin, but that wouldn't have the advantage of being only one or two words difference from Tomatin Distillery."
Mr Frame said there had been no intention to associate himself with the distillery.
He also described as "somewhat coincidental" Tomatin Distillery's decision to register new trademarks relating to the name in 2018.
"Why not register them before? It takes me to come along for them for them to do this," he said.
Mr Frame also revealed his company was now likely to manage the four retail units at the site itself rather than offer them as franchises after the pandemic crisis impacted on interest from potential tenants.
The hearing, presided over by Lady Wolffe, will resume on Tuesday.
