Sweet shop wins partial trademark victory in Scotland

A Scottish court has ruled that a Troon-based sweet maker infringed a registered trademark for “Chelsea Chocolate Flavoured Whoppers” but awarded no damages. Helensburgh firm McCandlish Farmhouse Confectionery, trading as Mr Mac Sweets, sued Ayrshire company Wee Troon Candy and its owner Michael Malone over use of similar names for a cocoa-dusted fudge confection. Lord Sandison in the Court of Session found infringement of one mark after Malone’s earlier trading but dismissed all claims for lost profits, brand dilution, reputational harm and rebranding costs. He noted a complete absence of evidence of customer confusion, goodwill or financial loss, describing the damages claims as existing only “in the AI realm.” Passing-off allegations also failed. The judge criticised the scale of the pursuit while acknowledging the limited infringement.

Small-business owners should register key marks early and maintain clear records of any actual harm before pursuing costly litigation.