Corrections & Clarifications
The Corrections & Clarifications are available in PDF format here.
- Erewhon has never been a member of the European Union. It is not a member of the European Convention on Human Rights or the Council of Europe. It complies with its international treaty obligations.
- The Erewhonian Human Rights Code pre-dates the entry into force of the Trade Marks Act 2021.
- Teams are reminded that, as stated in paragraph (c) of the Instructions, they should not seek to introduce entirely new causes of action, press arguments that have been conceded or that were never ventilated in the original proceedings, or raise matters outside the appeal. To illustrate, teams may not seek to invoke a defence in section 21 of the Trade Marks Act, although they may use the existence of those defences to inform their arguments.
- Bargain-Daaz is sold only in Greenland supermarkets. Greenland also sells other ice cream products, some of which are Greenland-branded products (these being sold under its house label), and others of which are produced by third-party brands.
- The Peachie’s business was founded by two sisters, Elsa and Anna Peachie. Members of the Peachie family continue to own shares in E Peachie & Sister Inc, this totaling 25 per cent of the issued share capital. The family is not involved in the management or day-to-day running of the company.
- The Listerone product range includes alcohol-containing and alcohol-free mouthwashes.
- Erewhonian alcohol licensing laws allow alcohol to be sold in specialist shops, convenience stores and supermarkets. Traders must obtain the relevant licence and follow any limitations in that licence. They must also abide by other legal obligations, for instance in relation to not selling alcohol to persons under the age of 18. For convenience stores and supermarkets, Erewhonian law does not mandate that alcohol may only be sold in a detached or separated location, although traders are encouraged to have regard to the responsible sale of alcohol when organizing their store layout.
- The own name defence in section 21(1)(a) of the Trade Marks Act may only be invoked by natural persons, but please note point 3, above.