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NEWS IN BRIEF

Use of VODKAT deemed to be a form of extended passing off.

22/01/2010

VODKAT is the trade mark for a drink being a 22% alcohol by volume (ABV) mixture of fermented alcohol and vodka. To be described as “vodka” a drink must be 100% distilled alcohol with at least 37.5% ABV.

Use of VODKAT deemed to be a form of extended passing off.

It has been held in a case brought by Diageo (Diageo v Intercontinental Brands [2010] EWHC 17 (Ch).) that "vodka" is a term with a recognised meaning for the consumer and moreover a term that has a reputation giving rise to protectable goodwill. Since consumers would assume that a product labelled VODKAT was "vodka" that goodwill could be eroded if use of VODKAT were allowed. Diageo, makers of Smirnoff vodka, would suffer damage because of the erosion of the distinctiveness of the term "vodka". Use of VODKAT passed off "vodka". Read more...

To read the decision, click here...

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