Trade score owners accept received a boost to their struggle against counterfeiters inwards the determination of Mr Justice Rimer inwards Coca-Cola Co Ltd in addition to approximately other 5 Ketteridge in addition to others (31 Oct 2003). In August 2001 Coca-Cola discovered what they idea was a counterfeiting performance past times a company, Capella, involving the importation from Turkey of large quantities of cola contained inwards unlabelled bottles which Coca-Cola asserted were confusingly like to their bottles. The labelling took house at an industrial estate which was raided past times Trading Standards Officers next a tip-off. Coca-Cola successfully sued Capella in addition to ane of its directors,for merchandise score infringement. At the lawsuit 2 members of the Ketteridge household unit of measurement (Ray Junior in addition to Ray Senior) gave prove in addition to it was the revelations that arose inwards their cross-examination that convinced Coca-Cola that they had been major players inwards the operation. Both denied involvement. Ray Junior submitted that Coca-Cola's activity against him was an abuse of judicial procedure in addition to should live on dismissed. He argued that, if Coca-Cola wanted to sue him at all, they should accept sued him inwards the showtime activity since they knew from an early on appointment that he had been at the industrial estate on at to the lowest degree 2 occasions, that he owned one-half Capella's shares in addition to that he was a managing director in addition to a partner of the managing director who was works life liable inwards the before proceedings.
Rimer J threw out the abuse of procedure argument. Ray Junior was non existence harassed past times successive litigation in addition to at that spot was no judge inwards the suggestion that, if Coca-Cola successfully sued other defendants, they were automatically precluded from suing him later. In whatever termination he was also slow to fence the abuse of procedure point. If it was e'er an abuse, it had to accept been an abuse from the moment Coca-Cola issued its claim form, which was the fourth dimension he could in addition to should accept sought to strike the activity out. Instead he had grade inwards a defense forcefulness in addition to had defended the claim on its merits. On the facts, Ray Junior had participated inwards the counterfeit operation, but Ray Senior hadn't.
agrees that Ray Junior's indicate was untenable. Coca-Cola could hardly live on expected to bring together Ray Junior equally a accused inwards the before lawsuit only land he was only finishing off giving prove inwards it.
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Rimer J threw out the abuse of procedure argument. Ray Junior was non existence harassed past times successive litigation in addition to at that spot was no judge inwards the suggestion that, if Coca-Cola successfully sued other defendants, they were automatically precluded from suing him later. In whatever termination he was also slow to fence the abuse of procedure point. If it was e'er an abuse, it had to accept been an abuse from the moment Coca-Cola issued its claim form, which was the fourth dimension he could in addition to should accept sought to strike the activity out. Instead he had grade inwards a defense forcefulness in addition to had defended the claim on its merits. On the facts, Ray Junior had participated inwards the counterfeit operation, but Ray Senior hadn't.
agrees that Ray Junior's indicate was untenable. Coca-Cola could hardly live on expected to bring together Ray Junior equally a accused inwards the before lawsuit only land he was only finishing off giving prove inwards it.
Make your ain Coca-Cola here
Things to produce amongst Coca-Cola here, here, here and here
Dangers of drinking Coke here and here
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