Criminal Defence

Woodward Lawson are able to provide a high level of personal guidance throughout all forms of criminal prosecution in Aberdeen and elsewhere in Scotland. We provide expert representation in all types of criminal cases in the High Court, Sheriff or Justice of the Peace Courts.

Civil Litigation

Woodward Lawson represent clients in a broad range of civil court cases, both in the Sheriff Court and Court of Session.

Contractual Disputes

Contracts form the backbone of daily life in any business. Occasionally, difficulties arise in relation to what was actually agreed and disputes occur if one party does not do what the other expects them to do.

Guardianship & Incapacity

We have significant experience in relation to Guardianship applications both from the perspective of raising applications for Guardianship and also in opposing such applications in disputed cases. Ian Woodward-Nutt also regularly acts as a Court appointed reporter in relation to Guardianship cases.

Building Disputes

Whether you are a builder seeking payment for works which have run into difficulties or a client receiving possible defective building work, it is best to seek our advice at the earliest possible juncture.

Road Traffic Offences

Road Traffic Law forms part of the Criminal Law that is a broad and technically complicated area. If you have been charged by the police or have received papers intimating a criminal prosecution for an alleged road traffic offence, it is important to take advice from an experienced criminal defence lawyer at the earliest opportunity.

Debt Collection

Every business encounters debtors from time to time and this can seriously affect important cash flow. At Woodward Lawson, we provide a robust one-stop service from seven day letters to pursuing court action in the Sheriff Court and Court of Session.

Property & Boundary Disputes

Few aspects of life can cause such concern as a neighbour asserting rights over your land or preventing you from doing something on their land that you thought you had a right to do.

Divorce, Separation & Cohabitation

The breakdown of a relationship, be it marriage, civil partnership or cohabitation, leads to all manner of financial worries and practical difficulties as the inevitable change in your personal circumstances occurs. This is especially so if there are major assets which require to be divided.

Road Haulage Representation

Woodward Lawson are pleased to offer representation in all matters concerning road haulage and transport law.

criminal-defence civil-litigation contractual-disputes guardianship-and-incapacity building-disputes road-traffic-offences debt-collection property-boundary-disputes divorce-separation-and-cohabitation road-haulage-representation


News & Comment

Taking the Biscuit

17 July 2016

When it comes to commercial life, we are all familiar with logos and designs as trade marks. However, it is possible to register 3D shapes as trademarks as well although it might be more difficult to envisage what shapes might be successfully trade-marked. It does not stop some companies trying.

Take a recent case between two giants of the chocolate trade, Nestle and Cadbury. Nestle had submitted an application in respect of the humble Kit-Kat, or at least the “four finger” version. It argued that through over 80 years of use, it had acquired the appropriate distinctiveness and was the fifth highest selling biscuit in the UK.

The UK Intellectual Property Office refused the application and on appeal at Court, the same result occurred. The test outlined by the Court was whether a significant proportion of people perceived the biscuit as originating from Kit Kat (or the company owning the brand) because of the shape in question (as opposed to any other trade mark which might be present like the name or the logo). In this regard, Nestle failed to prove their case since the four finger shape was marketed in a wrapper which did not show the shape of the goods, and the name and logo on the wrapper was what identified the goods to the consumer. There were also other biscuits with a similar shape on the market so the four finger shape had not acquired the level of distinctiveness required.

A more recent case from this year has just decided that the shape of a London cab is not covered either since it is merely “a variation of a typical shape of a taxi”.

So, what shapes have succeeded to date? Very few, it seems. However, Nestle already have the most obvious chocolate one successfully registered, the so-called “zig-zag prism” otherwise known as the distinctive shape of Toblerone.