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Sparkling Drinks Ltd has decided to produce a sparkling wine that they plan to name Lambrinsco, in honour of the famous Italian sparkling wine Lambrusco.
Sparkling Drinks Ltd has decided to produce a sparkling wine that they plan to name "Lambrinsco," in honour of the famous Italian sparkling wine "Lambrusco." Production and distribution will take place over the next eight months or so Is the company likely to encounter any issues in marketing and selling their new wine?
a No they are not in breach of any laws.
b Yes, they may be in danger of being sued under the tort of passing off.
C Yes, they may be in danger of being sued under the tort of defamation.
d No because even though technically it could amount to passing off, it is acceptable because the only similarity between the products is the name.
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