Court Refuses Damages in Fudge Finger Trade Mark Dispute

A Scottish court has ruled on claims of trade mark infringement and passing off involving Chelsea Whopper chocolate fudge fingers. The Outer House of the Court of Session considered a dispute between a confectionery manufacturer and a Troon-based sweet shop. The pursuers alleged infringement of marks relating to the product's branding and name, seeking substantial damages. The court accepted infringement had occurred but found no proper basis for passing off and refused the damages claim, citing insufficient evidence of goodwill, consumer confusion or financial loss. An undertaking accepted by the court meant no permanent interdict was needed. The marks had been acquired in 2020 but the assignment was not registered until shortly before proceedings began.

Small businesses should register trade mark assignments promptly and compile robust evidence of any alleged loss before pursuing infringement claims.