Following the decision by the English Court of Appeal in the Vodkat case (reported in the October issue of Food Law Digest), Intercontinental Brands (ICB) have rebranded and amended the packaging of their Vodkat product. The drink is a vodka-based product and contains 22% alcohol by volume, rather than 37.5% as required for a spirit to be marketed as vodka. The action, brought by Smirnoff manufacturers Diagio, found ICB liable for misrepresentation and extended passing off.
The two companies reached a settlement in December 2010 in which ICB agreed to pay damages and to rebrand its product. Vodkat has now been renamed "V-Kat Schnapps" and 22% is prominently displayed on the packaging. ICB have confirmed that no further shipments of Vodkat will be made to retailers or wholesalers after January 2011.
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Diageo North America Inc & Anor v Intercontinental Brands (IBC) Limited & Ors  EWCA Civ 920 Judgment of English Court of Appeal (Lord Justice Rix, Lord Justice Patten and Mr Justice Peter Smith) on 30 July 2010.