Bollinger v. Costa Brava Wine Co. - Case Summary
https://www.academia.edu/89840603/Bollinger_J_and_Others_V_Costa_Brava_Wine_COY_LD
1. Background Facts:
- 12 French companies producing wine in Champagne district sued
- Represented themselves and other Champagne producers supplying to England/Wales
- Defendant: Costa Brava Wine Co., selling "Spanish Champagne"
- Plaintiffs claimed "Champagne" had reputation for sparkling wine from Champagne, France
2. Arguments:
Plaintiffs:
- "Spanish Champagne" constitutes passing off
- No exclusive right to "Champagne" needed for claim
- "Champagne" part of their goodwill
- Merchandise Marks Acts created statutory duty, breached by defendant
Defendants:
- Passing off requires confusion with specific plaintiff's goods
- Exclusive right to name needed for passing off claim
- Merchandise Marks Acts don't create civil cause for competitors
3. Court's Ruling:
On passing off:
- "Quasi passing off" action possible without exclusive rights
- Law should remedy unfair use of geographical names with goodwill
- Ruling based on assumed facts for deciding legal points
On Merchandise Marks Acts:
- No separate civil cause of action for competitors
- Acts provide criminal penalties, mainly protect consumers
4. Outcome:
- Passing off claim allowed to proceed
- Merchandise Marks Acts claim dismissed
- No decision on whether "Spanish Champagne" actually deceptive
- Costs made costs in action
- Leave to appeal granted to both parties
Note: Judge emphasized ruling based on assumed facts, not determining
actual deception of "Spanish Champagne" term.
No comments:
Post a Comment