Norwich bar fined £16,000 for ‘passing off’
A bar in Norwich, England, has been fined £16,000 for trying to ‘pass off’ Jagermeister.
Print19 August 2013
Norfolk Trading Standards Officers brought the case against New York, New York on Prince of Wales Road in the city centre on 1st August for selling ‘imitation product’ following an inspection in December 2011 which was part of a targeted programme of checks at licensed premises in the town.
In court the owners Deli Delicious Ltd were found guilty of deceiving the public and misusing trademarks on the venue’s promotional material. It was found that the bar had been using weaker schnapps in place of ‘Jagermeister Bombs’ (which along with ‘Jagermeister’ and ‘J-Bomb’ are trademarked so that any product with this name must be genuine. Trademark also applies to menus, promotional flyers, notices adertising the product and POS).
Claims by the owners that the barmaid had put the wrong alcohol in the bottle by mistake were dismissed. Deli Delicious Ltd was charged on two counts of selling food not of the nature demanded by the purchaser under the Food Safety Act and engaging in commercial practice which was a “misleading action containing false information under trading regulations”.
Martin Watts, Managing Director of Jagermeister’s UK distributer Cellar Trends, commented, “Passing off and pouring over one product for another is a growing concern that not only impacts manufacturers but also damages consumer confidence in the trade”.
Cellar Trends together with brand owner Mast-Jagermeister had been able to trace the lot numbers on the bottles.
Jagermeister – bites back….
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