Diageo has won a landmark High Court ruling against Intercontinental Brands’ Vodkat.
The Smirnoff owner first took ICB to court in September 2008, complaining consumers were being misled into believing the 22% abv vodka-based Vodkat was a genuine vodka. Today the High Court ruled in Diageo’s favour.
Diageo spokesman Philip Almond said Diageo launched the case to secure protection for legitimate vodka products.
“The decision confirms as correct our view that vodka is a protectable category under the law of passing off [in the same way as whisky and Champagne] and that the brand name Vodkat is likely to have resulted in substantial numbers of consumers being misled,” Almond said.
“This landmark case is important not only for Diageo but for other vodka brand owners and producers and for vodka consumers. It will ensure the vodka category can be protected from other ‘vodka lookalike’ products now and in the future.”
ICB director Paul Burton said the company was “considering the branding issues carefully” in the wake of the decision.
“While we are disappointed with the decision, we want to reassure our customers that we will continue to supply our Vodkat Schnapps product to them,” he said.
“ICB has never sought to mislead consumers [but] in light of this judgement, it is clear we need to make it even more evident to consumers that Vodkat Schnapps is a 22% abv schnapps and not a vodka.
The packaging may change but the product will continue, which – considering it has a retail value of £24m and is growing fast – will be good news to hundreds of thousands of consumers.”
Read more
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Vodkat gives bottles new updated look (1 August 2009)
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