The Court of Appeal has upheld the earlier decision that the use of the name Vodkat for a less-potent vodka-based drink could be confusing to consumers and thus constituted an unlawful ‘passing-off’ as vodka.
Where an inferior product is given a similar name to a type of product, but is not actually that product and the names are similar enough to confuse consumers, the Court may rule that the name is not allowable as a trade name.