Comite Interprofessionnel du Vin de Champagne v Wineworths Group Ltd - [1991] 2 NZLR 432

Tort — Passing off — Trade name — Champagne — Merchant advertised and sold Australian sparkling wine labelled "Champagne" - French producers sought injunction claiming proprietary right in the name for wine produced in Champagne district of France — Whether the word "champagne" was used generically in New Zealand for sparkling wines wherever produced — Whether French producers had proprietary right in the name — Whether merchant had passed off Australian wine as French Champagne — Whether merchant's conduct was deceptive or misleading — Whether French producers had acquiesced in use of the word, were estopped, or were guilty of unconscionable conduct — Whether injunction should issue — Fair Trading Act 1986, s 9.