Trademark and infringement

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The word count for the assignment is 2,500. The word count does not include footnotes or the bibliography. However, footnotes must not include material that should be in the body of the answer or be used as a means to circumvent the word count.

ASSIGNMENT BRIEF:
Haigh Whisky Ltd. own a distillery in Scotland making whisky. As well as distilling blended whisky, they also produce single malt whiskies. They currently own a registered trade mark for “HAIGH WHISKY CLUB” in respect of “gin; spirits and liqueurs” in class 33 and “tonic water and mineral waters” in class 32.

They have recently started marketing a new blended whisky which is marketed under the name “Dimple Haigh”, and which is sold in a purple glass bottle. Haigh Whisky Ltd. seek to register this colour as a trade mark. Further, they seek to register as a trade mark (for the same products as their “HAIGH WHISKY CLUB” mark) the slogan “DON’T BE VAGUE, ASK FOR HAIGH”. They advise that they have been using this slogan for just under 2 years.”

Haigh Whisky Ltd. has recently also become aware of the mark “HAIGH WHISKY CLUB” on a range of crisps and snacks (class 29) by the company Bespoke Snack Solutions Ltd. This mark is in use, but no application to register it has been made.

Advise Haigh Whisky Ltd. as to the registrability of their trade marks, and whether they are likely to succeed in an action for infringement against Bespoke Snack Solutions Ltd.

YOU TO APPLY RELEVANT CASES TO THE FACTS OF THE DISPUTES IN THE LECTURER NOTES. OTHERWISE MY LECTURER DOES NOT ACCEPT.