The applicant behind a £25 million golf course and clubhouse under construction near St Andrews has been warned it faces legal action by bosses at the home of golf unless all mention of St Andrews is removed from its internationally-marketed development, The Courier has learned.
St Andrews International Golf Club (SIGC), which is developing an ambitious private golf course in Feddinch, three miles outside St Andrews, has been told “if an adequate and expedient resolution cannot be found, St Andrews Links Trust (SALT)… intend to raise legal action for passing off in the Court of Session.”
In legal letters received by SIGC last week, it has been told “all references to St Andrews International should be abandoned” within a fortnight.
The letters on behalf of SALT and its wholly-owned subsidiary St Andrews Links Ltd (SALL) add the SIGC (which comprises St Andrews International Golf Club Ltd and Feddinch Developments Ltd) should “irrevocably adopt a trading name which does not contain the term ‘St Andrews’.”
The charitable trust, which manages seven public golf courses including the Old Course, claims SIGC’s use of the name St Andrews is “fundamentally misleading” and is causing confusion in a worldwide market where the name St Andrews is synonymous with the reputation and commercial viability of the SALT-managed Old Course and the Home of Golf.
The links trust claims SIGC’s marketing programme “capitalises on the proximity to an implied connection with St Andrews Links”.
It also claims the “scope and potential for commercial success is greatly increased by the new golf course assimilating itself with an established global golf brand”.
SIGC, which is about to launch a membership programme worldwide, declined to comment on Sunday.
It is understood the Angus-based director of the development, Ewan McKay, believes SALT’s stance contradicts previous claims no local businesses will be affected.
A letter dated December 10 from Murray and Donald solicitors’ corporate partner Alistair Lang, acting for SALT, requests SIGC remove its St Andrews affiliations from all company material and publicity within a fortnight.
It requests that acceptance of the suggestion be made known to SALT’s legal partners by January 10. It is understood the proposed solution and offer of settlement by SALT will be formally rejected by SIGC in due course.
A spokesman for SALT said: “We have taken legal advice and been advised that these two companies (St Andrews International Golf Club Ltd and Feddinch Developments Ltd) are committing the legal wrong of passing off.
“It is our intention to pursue the current litigation action in order to ensure that this activity desists.”
Earlier this year, various golf-related businesses in St Andrews sought clarification from the links trust on similar issues.
Two months ago, a legal dispute broke out between SALT and another company which wants to use the St Andrews name to sell its clubs.
The St Andrews Golf Company, which is based just outside the Fife town, has been in business in the area for more than 130 years.
But when the company, which encompasses a number of historic clubmakers in the town, recently tried to register its trademarks with the Intellectual Property Office, it was astounded to learn that objections were lodged by the St Andrews Links Trust.