Passing Off: Au Vodka v NE10 Vodka
Ja ne Lambert irst Chancery Division (Mr Justice Mellor) A U Vodka Ltd v NE10 Vodka Ltd and another [2022] EWHC 2371 (Ch) (21 Sept 2022) The claimant in these proceedings distilled and distributed the vodka on the left. The first defendant the vodka on the right. The claimant applied for an interim injunction to retrain the first defendant and its sole director and shareholder (the second defendant) from marketing and selling the vodka on the right until trial or further order. The defendants applied to strike out the claim against the second defendant and sought an expedited trial. The application and cross-applications came on before Mr Justice Mellor as applications by order on 16 Aug 2022. At the end of the hearing, his lordship refused the application for an injunction and the cross-application for a strikeout but granted a speedy trial. He set out his reasons in AU Vodka Ltd v NE10 Vodka Ltd and anothe...