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Law Cases
Intellectual Property Law Cases
Passing Off Cases

Taittinger and Others v Allbev Ltd and Anothe [1993] FSR 641

Country:
United Kingdom
By Oxbridge Law Team
Held
Gibson LJ
Mann LJ
Sir Thomas Bingha...

  • Claimant produced champagne and French wines.

  • Defendant produced a cheap drink under name ‘Elderflower Champagne’. Drink was non-alcoholic, but sold in champagne-style bottles with labels and wired corks similar to those on champagne bottles.

  • Claimant sued for passing off.

    • Was found to be a misrepresentation; on issue of damage

Held

  • Was passing off

Gibson LJ

  • If Defendant is permitted to use word ‘champagne’, goodwill in the term ‘champagne’ will be eroded.

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Mann LJ

  • Dilution in exclusivity of term champagne’ is not demonstrable in figures of lost sales.

  • Nevertheless however it will cause incremental damage to Claimant’s goodwill.

  • Therefore injunction granted.

Sir Thomas Bingham MR

  • Unfair to let others “cash in on reputation that they had done nothing to establish”

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