Court of Appeal Wellington
21, 22 October; 5 December 1991
Cooke P, Richardson and Gault JJ
21, 22 October; 5 December 1991
Cooke P, Richardson and Gault JJ
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 — Fair Trading Act 1986, s 9.
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