Following the unsuccessful application, NE10 Vodka filed their defence on 17 October 2022. In their defence they adopt the position that it is common in the trade for vodka to be sold in tall elongate bottles, that 'Au' and the gold colour are the dominant and distinctive component of the getup, that upper and lower plates are common on bottles, and that NE10 Vodka sourced the bottles in China and the shape was available “off the shelf". They claim there is no deception.

Turning to the Jif Lemon passing off case, the court considered the three elements required to prove passing off of goodwill, misrepresentation and damage. It noted that "at the heart of passing off lies deception or its likelihood, deception of the ultimate consumer in particular". READ MORE: Greater Manchester home with stunning reservoir views that has estate agents’ phones ringing off the hook The pair from Swansea are the creators of the brand Au Vodka which stemmed from watching their pals unwrap bottles of their favourite vodka for their 18th, 19th, or 20th birthdays, and dreamed of creating their own alcohol with a difference.Man, 44, arrested on suspicion of threats to destroy property after homes evacuated amid 'gas leak' fears The launch of NE10 Vodka was in late August and the interim injunction was sought on 16 September 2022 but even in this short period of time the court felt that NE10 Vodka had established a working trade that would be wrong to unravel. This case shows how important it is for brands to monitor the market and take action promptly to prevent the launch of an allegedly infringing product before it is on the market. We’ve essentially created an online community, having acquired over 630,000 followers across our multiple social platforms, this in itself is a huge achievement for an alcohol brand. We’ve really tapped into the growth of platforms such as TikTok, now our fastest growing social platform, currently sitting at 227,000 followers, we often see our videos hitting viral levels which is crazy. We were recently recognised as being the most popular vodka brand on the internet too, hence proving that our marketing and social strategies are inherent in driving Au Vodka’s brand awareness. Someone then came along who was very influential to the brand's future, DJ, producer and TV presenter Charlie Sloth. The pair asked him if he wanted to have a free bottle to try for himself, and he was so impressed that he invested in the company and became business partners with the pair, reports Wales Online.

Our aim inevitably is to become Wales’s first Unicorn company, hitting this unbelievable milestone would prove to be such an enormous journey from the two mates who initially started a vodka brand in Swansea.” The brand has enjoyed international expansion, and is now sold in 40 countries across the globe from Dubai, to Australia, Spain, the Netherlands and, most recently, 32 states across America. It has also gained entry into huge international venues, specifically launching within O Beach Ibiza this Summer, known worldwide for its incredible pool parties on the original party island. There's even a giant Au gold bottle that dangles over the event. Au Vodka's claim has been pleaded based on passing off. This is definitely the key right to plead in this case, but it is arguable that Cofemel may also be triggered here. It is recognised that as part of retained EU law, Cofemelprovides for the protection of any 'identifiable' work of applied art using only the ‘author’s own intellectual creation’ originality test. Remember—first instance courts are bound by retained EU case law; the Court of Appeal may depart from it for good reason while the Supreme Court is not bound by it at all. The court proposed to proceed "on the common sense basis that generally, consumers are not in the habit of making assumptions about the origin of products on the basis of the shape of goods in the absence of any graphic or word element." The word/graphic elements on the respective bottles: Au79 and NE10 would therefore be taken into account in establishing Au Vodka's reputation (the foundation for misrepresentation) with the name 'Au' and the gold coloured bottle the most significant features. I took my pooch to the Greater Manchester dog café with an indoor beach and it was pretty stressful

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Our target has always been to enter the USA market. This year we focused on not only entering the USA market but smashing it. Having signed a deal with well-known and trusted liquor retailer Total Wine, when our gold bottles reach shelves, we’re sure that they will pretty much sell themselves. Additionally, we have signed with RNDC, one of the world’s largest alcohol distributors, who evidently believe that the brand is going to be a success.