A Scottish court has ruled on a £1.1million trademark dispute between two sweet manufacturers over the "Chelsea Whopper", a chocolate fudge treat first created after the Second World War. McCandlish Farmhouse Confectionery, based in Helensburgh, sued rival Michael Malone, who trades as Wee Troon Candy in Ayrshire, for trademark infringement and passing off after finding him selling a similarly named product in shops across the west of Scotland. The case matters because it highlights how small, family-run confectioners can end up in costly legal battles over long-standing regional treats and trademark ownership.

At the Court of Session in Edinburgh, Judge Lord Sandison found that Mr Malone had infringed one of McCandlish's registered trademarks but refused to award any damages or expenses, criticising the company's pursuit of the case. He ruled that McCandlish had failed to prove any financial loss or that it had built up "goodwill" around the product, and said the firm's owner, Agnes Gough, had pursued the case disproportionately despite Mr Malone agreeing to stop selling the product due to a lack of funds to fight on. The judge also ordered McCandlish to cover the legal costs of Mr Malone's girlfriend, Debbie Watt, who had been wrongly drawn into the litigation despite minimal involvement.