Vodkat verdict gives protection to vodka

A landmark High Court ruling has seen vodka join the likes of Champagne, whisky, Cognac and sherry as a name protected by the courts.

Diageo, which owns Smirnoff, Ketel One and Cîroc vodkas, yesterday won a case against Intercontinental Brands’ Vodkat – a cheaper and less alcoholic drink than regular vodka.

Mr Justice Arnold ruled that any brand name derived from vodka but was not vodka was likely to confuse the public.

He said: “The evidence clearly establishes that the alcohol-consuming public in the UK, and in particular the vodka-consuming public, have come to regard the term ’vodka’ as denoting a particular class of alcoholic beverage.”

He said that while consumers may not know what it is or where it is made, they still use the name vodka to distinguish it from other spirits.

“I have no hesitation in concluding that the term ’vodka’ does have a reputation giving rise to a protectable goodwill,” he said.

He found that the marketing of Vodkat “was calculated to deceive a substantial number of members of the public into believing that the product is vodka”.

Diageo GB’s marketing director Philip Almond said: “The decision confirms as correct our view that vodka is a protectable category under the law of passing off, in the same way as whisky and Champagne, and that the brand name Vodkat, and the way it has been used, is likely to have resulted in substantial numbers of consumers being misled into thinking Vodkat is vodka, when it is not.

“This landmark case will also ensure that the vodka category can be protected from other vodka-lookalike products both now and in the future.”

Paul Burton, a director InterContinental Brands, said: "We do not have the detail of the exact form of the Court injunction yet to determine what changes are needed and whether ICB need to rebrand.

"Whatever the final form of the injunction, it will not prevent the sale of the product. Retailers will still be able to place orders. There will be a continuous availability."

The Gin and Vodka Association was delighted with the verdict. Director general Edwin Atkinson said: “We welcome the decision on the case concerning Vodkat. The judge’s statement speaks for itself regarding the protection of the vodka category."

Alan Lodge, 20.01.2010