National Trust for Scotland backs down in Glencoe dispute

Glencoe trademark dispute

Last month, the National Trust for Scotland (NTS) made headlines after it was accused of bullying Hilltrek Outdoor Clothing (Hilltrek), a small outdoor clothing company. But what could these two entities have to argue about?

The dispute related to the ‘Glencoe DV Jacket’, sold by Hilltrek. NTS wrote to Hilltrek stating that it was the proprietor of a UK trade mark for GLENCOE and demanding that Hilltrek cease to use the term on any products or advertising. According to the BBC, the letter threatened legal action if Hilltrek did not comply with NTS’s demands within 7 days.

When the clothing company’s owner took to social media to share the letter he received from NTS’s lawyers, NTS soon announced that its approach may have been too aggressive and stated it was willing to enter a dialogue with Hilltrek.

Dispute Resolution

However, last week NTS made a dramatic u-turn and announced it had made a mistake in sending the letter to Hilltrek, and that it had later found out that Hilltrek had been manufacturing its ‘Glencoe DV Jacket’ for years. NTS announced that it would not seek to restrict Hilltrek from using the trademark. The parties have now reached a mutual agreement over the issue.

Comment

This is not the first time that a big entity has been accused of trade mark bullying. Back in March, BrewDog’s public shaming saw it back down in a trademark dispute.

This case illustrates that intellectual property enforcement and brand dispute resolution must be justified and proportionate in the circumstances. Given that Hilltrek had been manufacturing its Glencoe jackets for years prior to the trademark registration, it would have a strong defence to any infringement action on the basis of its earlier, albeit unregistered, right. For the purpose of this defence, an earlier right means an unregistered trademark or other sign that has been continuously used since before both the use and registration of the registered trademark.

For further information or advice on trademark dispute resolution, contact us.