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Taittinger and Others v Allbev Ltd and Anothe

[1993] FSR 641

Case summary last updated at 02/02/2020 21:29 by the Oxbridge Notes in-house law team.

Judgement for the case Taittinger and Others v Allbev Ltd and Anothe

C produced champagne and French wines. D 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. C sued for passing off. Was found to be a misrepresentation; on issue of damage, held:
 
·        Was passing off
·        Gibson LJ
Ø  If D is permitted to use word ‘champagne’, goodwill in the term ‘champagne’ will be eroded.
·        Mann LJ
Ø  Dilution in exclusivity of term champagne’ is not demonstrable in figures of lost sales.
Ø  Nevertheless however it will cause incremental damage to C’s goodwill.
Ø  Therefore injunction granted.
·        Sir Thomas Bingham MR
Ø  unfair to let others “cash in on reputation that they had done nothing to establish”

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