What’s in a shape of a bottle? A great deal, when the shape of bottles is considered distinctive and forms an intrinsic part of the goodwill and reputation of a brand.
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Lex Orbis Intellectual Property Practice
Lately, the shape of a bottle of vodka was at the centre of a controversy with Gorbatschow Wodka KG (the plaintiff) contending that the shape of its bottles of vodka was distinctive, and that John Distillers Limited (the defendant) had infringed its intellectual property rights by adopting a deceptive variation of the shape of the bottles.
The defendant’s actions had, it was alleged, led a substantial portion of the purchasing public to assume that the defendant’s product had emanated from or had some connection with the plaintiff.
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