When is an interim injunction appropriate in passing off cases?
Mr Justice Mellor has declined to grant an interim injunction in a passing off case concerning vodka bottles. The case was brought by Au Vodka Limited, whose Au Vodka brand was launched in 2015, against NE10 Vodka Limited, which launched its vodka brand in August this year. The rival bottles are pictured side-by-side below. Shortly after NE10's product launched, on 2 September 2022, Au Vodka’s solicitors sent a letter before action and issued a claim for passing off. Followin