Mudcat Café message #4080915 The Mudcat Café TM
Thread #132499   Message #4080915
Posted By: Jos
25-Nov-20 - 08:33 AM
Thread Name: BS: Language Pet Peeves
Subject: RE: BS: Language Pet Peeves
There were objections some years back concerning 'elderflower champagne', which is usually made by people in their own homes for their own use, using bunches of elderflowers, water, sugar and lemon juice. Problems arose when someone produced it commercially and in 1993 large champagne houses took the case to court, but failed. This report is from The Independent:

"Although a product sold as 'elderflower champagne' constitutes a misrepresentation in that it indicates that it contains 'champagne' and is likely to deceive a small section of the public, it is unlikely that the champagne houses' reputation and valuable goodwill in the name champagne will be substantially affected by the small-scale sale of elderflower champagne. Since there was no likelihood of substantial damage to the champagne houses' business, reputation or goodwill, the champagne houses' passing off claim failed.

Sir Mervyn Davies dismissed the plaintiffs' passing off claim for damages and an injunction to restrain the defendants from selling elderflower champagne."