Purveyors of shellfish win court battle over colour of rival's premises

An Argyll seafood firm has won a legal ruling against a local rival over who can trade from green-painted premises. John Ogden and Marion Ritchie said their green shack on Oban Pier lost business after being confused with Gordon MacGillivray's green mobile van. A judge has now granted an interim interdict preventing Mr MacGillivray from running a nearby firm from "wholly or predominantly green" premises. The Court of Session in Edinburgh heard that the shellfish business run by Mr Ogden and Ms Ritchie had been mentioned by "a considerable number of contributors" to the Trip Advisor site as being a green shack or hut or something of that nature.



John, 65, of Oban, said: “We don’t have a patent on the colour green, we certainly don’t, but we have been mentioned in the Lonely Planet and Rough Guide travel books for 20 years and people come looking for the green shack. They come here and they find me at the end of the pier, that is the issue.” John added: “Then in September somebody turns up with a green cabin right in front of the pier. Half of our trade is foreign and they struggle with language, green is our flagship colour.” But Gordon, 43, claimed he simply bought a new van that happened to be green.

 He said: “I had two white vans before but they were getting dated. It wasn’t a colour choice – it was in the showroom and it was green.”  Paul O'Brien, counsel for Mr Ogden and Ms Ritchie, told the Court of Session in Edinburgh: "Ultimately what the pursuer is seeking is for the defender to repaint. The pursuer is suffering a loss of trade from the confusion generated by the presence of the defender's other green outlet. It is in a position on that pier where potential customers will reach it first. Although it is not strictly a hut, it certainly is a small portable retail outlet."



The judge ruled that Mr Ogden and Ms Ritchie had succeeded is showing that they had a case, at first view, based on passing off in the intellectual property action. Lord Pentland granted the partners in Girl Norma Shellfish, an interim interdict against Mr MacGillivray, of MacGillivray's Seafood. Under the terms of the order he is prevented from passing off any bar or restaurant on or within 250 metres of the railway pier in the town as being theirs. It particularly prohibits Mr MacGillivray from carrying on such a business from a kiosk, hut, shack or similar structure that is "wholly or predominantly green". Lord Pentland said it was open for Mr MacGillivray to contest the decision.