IP & Brand Protection

Amarone, Barolo, Basmati, Bordeaux, Calvados, Champagne, Cognac, Epoisse, Port are all well known names for which we have taken steps to protect their names or stop infringers misusing their names in the last few years.

Protection in England of such well known names depends both on the English law of passing off and on the EU regulations regarding Protected Designations of Origin ("PDOs") and Protected Geographical Indications ("PGIs"). In the last 55 years, LBMW and its predecessors may have been involved in more leading cases relating to "extended passing off" than any other firm on behalf of household names.

Extended Passing Off

Extended passing off recognises that groups of producers of products, which consumers recognise under the well known name, are entitled to stop competitors, who do not make or grow the product in the establish region, from marketing under their name. As the leading case regarding Advocaat establishes, the law is flexible and protection is not even limited to production from a particular region. An essential part of protection against passing off is showing that the defendant makes a misrepresentation of a connection in the course of trade to the complaining producers' goodwill.

Our IP lawyers can advise on the various issues surrounding passing off and brand protection.