"One is instantly recognisable as the logo of Babycham sparkling perry. The other adorned Cath Kidston products at Christmas – but has left some feeling anything but festive. Babycham has launched legal proceedings against the British homeware company, claiming its use of a baby deer with a ribbon on its neck infringed the drinks firm’s rights.
The High Court writ also claims that the appearance of the logo on Cath Kidston products aimed at under-18s associates Babycham ‘with a blatant disregard for industry codes of practice to protect children’ [from alcoholic products -- or from stylised baby deer?].
[ditto Lord Neuberger, who has not been spotted wearing ribbons this side of the millennium] – there is no confusing similarity between the two. ...
Barrister [see readers' comments and corrections: he's actually a solicitor-advocate] David Wilkinson, for Western Wines Holdings Ltd and Accolade Wines Ltd, said in the writ: 'The claimants and their predecessors in title have, since 1953, used in relation to Babycham sparkling perry and related goods various iterations of a logo with the common theme of a baby chamois with a ribbon tied round its neck.
'Indeed Babycham was the first alcoholic brand and the second ever brand to be advertised on commercial television in the UK with a campaign in 1957. 'Cath Kidston Ltd has used and continues to use a logo in relation to its Christmas 2012 advertising campaign and range of related goods, which depicts a baby deer with a ribbon tied around its neck, which is substantially similar to the Babycham logo,' adds Mr Wilkinson:
'Their use in the course of trade of the Kidston Logo without due cause in relation to goods similar to those for which the registered marks are registered, take unfair advantage of, and is detrimental to, the distinctive character and repute of the Babycham logo,' it states. A drink, its packaging and any promotional material or activity should not in any direct or indirect way have a particular appeal to under-18s. The use of the Kidston Logo includes use on products relevant to under 18s, such as children's clothes. The application of the Kidston Logo to goods relevant to under-18s is liable to cause serious tarnishing and detriment to the repute of Babysham by associating (it) in the minds of the public and trade with a blatant disregard for industry codes of practice to protect children. 'It is denied that any of the said deer are "substantially similar" to any of the chamois. While it cannot be denied that, by nature, deer and chamois are both hoofed ruminants, unaccustomed to wearing ribbons, the differences in the manner of execution speak for themselves, not least arising out of the absence of horns and the springing "springbok" stance.'. ..."
|Apologies for the most obvious but irresistible |
caption to appear on this blog in 10 years:
"Bambi consults with Bird & Bird"
Make your own perry here
Make your own champagne here
Serbian Bambi here