Skeleton Arguments – Intellectual Property Moot: Bellinger Wines Ltd (Appellant) v Société Martin Bullinger (Respondent)

Matthew Astley

Abstract


This paper consists of two skeleton arguments (one drafted on behalf of the appellant and one drafted on behalf of the respondent), prepared in response to a hypothetical intellectual property law scenario set by experts in this field. The case is at the final appeal stage and the arguments were submitted in the Supreme Court of the fictitious jurisdiction of Erewhon during the final stage of the 2008 mooting competition organised by the Oxford Intellectual Property Research Centre and the Intellectual Property Institute.
The following aspects of law are considered from a global perspective:

  • Whether copyright can subsist in a blend of wine as a work of authorship
  • Whether the defence of fair use could apply to the replication of such a blend
  • Whether a monetary remedy provides sufficient compensation or whether an injunction is required in order to prevent copyright infringement in the future
  •  Whether the use of a particular advertising slogan can constitute unfair competition
  • Whether the use of one’s own name on a product can infringe another’s trade mark.


Key words: Copyright, Damages, Droit d’auteur, Fair dealing, Fair use, Goodwill, Injunction, Passing-off, Trade mark


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