Taittinger SA v Allbev Ltd (Elderflower Champagne)

Selling a non alcoholic drink called Elderflower Champagne was passing off, because it would erode the distinctiveness of the name champagne, even though no one would confuse the drinks.

Citation
[1993] FSR 641
Court
Court of Appeal (Civil Division)
Year
1993
Subject
Intellectual Property Law
Topic
Passing off

Facts

Allbev sold a non alcoholic drink made from elderflowers, called Elderflower Champagne, in bottles resembling champagne bottles, at a low price. The champagne producers sued for passing off. The trial judge accepted that there was a misrepresentation, but held that there was no real likelihood of serious damage to the champagne producers.

Legal principle

The Court of Appeal granted an injunction. Peter Gibson LJ said that, although few people would think that Elderflower Champagne was genuine champagne, some would think that it was connected with champagne, and that allowing it to be sold under that name would erode the exclusivity and distinctiveness of the name champagne, which would cause damage to the goodwill of the champagne producers. Sir Thomas Bingham MR said that the damage was the gradual debasement, dilution or erosion of the name's distinctiveness.

Related cases on passing off

Studying intellectual property law? Our tutors help you understand and apply cases like this in essays, problem questions and exams. Request a quote or browse our law notes.

Back to all law cases

This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

Contact Us

Enquire about our bespoke academic solutions