Trade Marks and Passing Off: Schütz (UK) Ltd v Delta Containers Ltd
In my case note on Schütz (UK) Ltd v Werit (UK) Ltd [2011] EWCA Civ 303 (29 March 2011) of 2 April 2011 in this blog and in my note on Schutz (UK) Ltd and Another v Delta Containers Ltd and Another [2011] EWHC 1173 (Pat) (5 May 2011) in IP North West I referred to the practice of cross-bottling. That practice has already given rise to a patent infringement claim against Werit (UK) Ltd. ( "Werit" ) which Werit won at first instance but lost on appeal. What is "Cross Bottling" The bottles in question are 1,000 litre plastic bottles which are fitted into metal cages and mounted on pallets. The whole assembly is known as an IBC (intermediate bulk carrier) so called because it is smaller than a tanker but larger than a keg. The evolution of this technology was discussed in some detail by Mr. Justice Floyd in paragraphs 7 to 11 of his judgment in the Werit claim. A photo of the assembly appears below. For a time the whole assembly was made by the same ma...