The defendant changed its trading name from "Alfred McAlpine" to just "McAlpine" as part of a re-branding exercise, which aimed to remove the old "muddy boots" image of the group and replace it with one that better suited its present emphasis upon capital projects, infrastructure services and business services.
The claimant sought injunctions to restrain the defendant from carrying on particular business by using the name "McAlpine" without a distinguishing name, or from otherwise passing off particular business as associated with the claimant, on the grounds that this could cause damage to the claimant's business, and allow the defendant to obtain business it would not otherwise get at the claimant's expense.