The Tomatin Trading Company is pressing ahead with its £12 million retail and leisure development after what it described as a “landmark” legal victory.
The venture, at the Tomatin junction on the A9, is set to create hundreds of new full and part-time jobs, and will consist of a 99-bedroom hotel, a 200-seater restaurant, four retail units, a fuel filling station and a farm shop.
It comes after the Court of Session ruled TTC could use the Tomatin name in its branding for the scheme following a long-standing legal battle with the Japanese owners of the nearby whisky distillery.
The Tomatin Whisky Distillery had launched a legal complaint against TTC, arguing that the name Tomatin is associated with its brand and that its use by the developer takes unfair advantage of its established reputation.
The Japanese-owned whisky firm, known for its flagship Tomatin single malt, has a visitor centre at its distillery in the village located near Inverness.
However, Court of Session Judge Lady Wolffe said while there are some similarities between the two companies, consumers will be able to distinguish between the two.
In a written judgment she said: “The relevant public, who will be consumers of Scotch whisky, will appreciate that the defender’s (TTC) sign is used in relation to different goods and services than those offered by the pursuer (the distillery).
“They will realise that Tomatin is the name of the local area (such as by seeing the local signage); they are likely to see that the defender is using ‘Tomatin’ as a descriptor for the location of the development (once built) and will be able readily to distinguish it from the distillery, which is separately sign-posted.”
Looking to get started
William Frame, the businessman behind the development, said: “We are delighted with the court’s verdict, and can finally, after a two-year delay, look forward to kicking off this important development.
“Our focus now shifts to announcing our build team, together with finalising our financial team.
“We are keen to get started as soon as we can, and feel that we have assembled a unique and proactive team which will work collaboratively together.”
Fantastic news for tourism
Plans are now well under way to get the development started at the site which has lain unused for over a decade.
Mr Frame said: “Never have the new opportunities, jobs and investment in this area been more needed as the economy looks to recover from the ravages of the Covid-19 pandemic.
“Our development is an opportunity to create what’s known as a ‘Dior’, a ‘destination in its own right’, a high-quality stop off of choice for both tourists and locals from all over the Spey Valley, Inverness, and the surrounding area.
“Earlier in the year we were delighted to hear that the Tomatin to Moy section of the A9 was to be dualled.
“This is fantastic news for tourism in this area as it will improve the local infrastructure, and attract yet more visitors.”
Simon Bath, formerly of the Carnegie Club at Skibo Castle, has been appointed general manager of The Tomatin Trading Company.
Duncan Macpherson, local councillor, said: “I am delighted that Tomatin Trading Company has won its legal case, and is now able to commence.
“The news has been warmly greeted by the local community around Strathdearn, as local people here are keen to see the creation of a variety of well-paid, full and part-time local jobs right on their doorstep, on completion of the build.”