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15 Edinburgh L. Rev. 1 (2011)

handle is hein.journals/edinlr15 and id is 1 raw text is: The Edinburgh Law Review 15.1 (2011): 1-5 Edinburgh University Press DOI: 10.3366/elr.2011.0002 © Edinburgh Law Review Trust and the Contributors www.eupjournals.com/elr Scots Law News Passing off Nessie? A dispute between two rival Nessie exhibition centres based in Drumnadrochit entered the doors of Inverness Sheriff Court on the 29th June 2010 but was resolved by agreement rather than judgment the following day. The pursuers were the Official Loch Ness Exhibition Centre, a five-star attraction established near the Drumnadrochit Hotel in 1980, while the defend- ers were the Original Loch Ness Monster Visitor Centre, a three-star centre established since 1987. The two centres are about 100 yards apart in Drum- nadrochit. The pursuers claimed that the public were confused by similarities in name and other aspects of their branding. Under the parties' agreement the pursuers will henceforth trade as the Loch Ness Centre and Exhibition, while the defenders will be the Nessieland Castle Monster Centre. The publicity surrounding the dispute seemed nicely timed for the start of the school holidays, and also brought to the attention of the public various developments of the centres -including loch cruises -currently under consideration. The intellectual property rights or, indeed, the views of Nessie herself seem not to have been canvassed. But then who will speak for monsters? Lord Lyon on feudal earls, the derbhfine and baronies The Lord Lyon, David Sellar, has been busy of late, issuing guidance notes on the use of the derbhfine or family conventions in determining clan chiefdoms and on baronial additaments and territorial designations in the grant of arms, as well as rejecting a petition to be allowed to use the designation feudal earl. All the material is available on the Lyon Court website (www.lyon-court.com), as also a note relating to baronies issued in December 2009. The feudal earl decision is a ruling in law that there is no such title, and is a learned disquisition across a whole range of aspects of the subject. It is understood that there is to be an appeal to the Court of Session. Justice of the Peace removed for misbehaviour Under section 71 of the Criminal Proceedings etc Reform (Scotland) Act 2007 (as amended) it is provided that a Justice of the Peace can be removed by a 1

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