Geographical names may acquire secondary meanings. In Whitstable Oyster Fishery Co v Hayling Fisheries Limited (1901) 18 RPC 434, the defendant was permitted to describe oysters which reached maturity at Whitstable as Whitstable Oysters; Wotherspoon v Currie [1872] LR 4, where the plaintiff had made his Glenfield Starch at Glenfield but moved his factory, he could still prevent the defendant calling his starch which he made in Glenfield by same name. DAMAGE : The plaintiff must have suffered or be likely to suffer damage or injury to his business or goodwill: inconvenience or annoyance is not enough. Once evidence is established of deception or likely deception, injury to reputation or goodwill is readily presumed: in the Elderflower Champagne case, [1992] FSR 641, at first instance the court held that the

doi:10.4324/9781843142928-150

Chapter

Geographical names may acquire secondary meanings. In Whitstable Oyster Fishery Co v Hayling Fisheries Limited (1901) 18 RPC 434, the defendant was permitted to describe oysters which reached maturity at Whitstable as Whitstable Oysters; Wotherspoon v Currie [1872] LR 4, where the plaintiff had made his Glenfield Starch at Glenfield but moved his factory, he could still prevent the defendant calling his starch which he made in Glenfield by same name. DAMAGE

Chapter

ABSTRACT

Peter Gibson LJ: Elderflower Champagne is the name given by the defendants to a beverage which they first marketed in October 1991 and is now widely available from health food shops as well as from retail outlets from which both alcoholic and non-alcoholic drinks are sold, for example Sainsbury. The first defendant, Albev Ltd, a producer and wholesaler of mainly non-alcoholic drinks but also of some wines, produces Elderflower Champagne and the second defendant, a partnership between Dr Guy Woodall and his wife Mrs Sheila Woodall trading as Thorncroft Vineyard, advertises, markets, distributes and sells it wholesale. It is sold in two sizes of bottle, of 75 cl and 25 cl. Most of its sales are of the larger size bottle, the attractive get-up of which makes it look like a Champagne bottle. But it is not a produce of the Champagne district of France; it is not made from the grape and it is nonalcoholic. it is a drink made from elderflowers, sugar, citric acid and lemons to which carbonated water is added.