ORAL JUDGMENT:

1. The shape of a bottle of Vodka gives rise to the controversy in these proceedings. The Plaintiff, in a quia timet action, asserts that the shape of its bottles of Vodka is distinctive and forms an intrinsic part of its goodwill and reputation. The grievance of the Plaintiff is that the Defendant has invaded its intellectual property rights by adopting a deceptive variation of the shape of the bottles of the Plaintiff. The case presents an interesting question, argued with felicity on both sides. Simply put, do shapes matter in the law relating to intellectual property?

2. In the early years of the twentieth Century, Mr.Leontowitsch Gorbatschow owned a distillery which manufactured Vodka in what was then St.Petersburg. Following the October Revolution of 1917 in Russia, the Gorbatschows emigrated to Berlin and received a permit to manufacture Vodka on 28 April 1921. The Plaintiff is a wholly owned subsidiary of Henkell & Co. Sektkellerei KG which has headquarters in Wiesbaden, Germany. The turnover of the group was Euro 628.6 million. The Plaintiff has bottled Vodka in a shape which is distinctive and which is perceived to be visually appealing. The firs