19th Annual Oxford International Intellectual Property Law Moot
This year's problem relates to the Birss Butterfly Cake, a delicious sticky ginger cake decorated with frosting and Burrellshire Brandy Butter Icing.
Floyd's Kitchins, the makers of the Birss Butterfly Cake, brought a copyright action against supermarket Greenland in relation to its 'knockoff' cake. That claim failed. It was held by Chen Wishart J that the Birss Butterfly Cake is not an artistic work under the Copyright Act.
The Erewhonian Burrellshire Brandy Association successfully argued there was passing off by Greenland using a low-booze icing and calling it 'Burrellshire Brandy Butter Icing'. Its claim under the Protected Geographical Indications Act failed, however.
Moot dates:
- Written submissions are due by 5.00pm on Mon 13 December 2021 (UK time)
- Invitations to the oral rounds will be issued in mid-late Jan 2022
- We plan to run the oral rounds in person, in Oxford, from Wed 16 to Sat 19 March 2022.
We hope you enjoy this year's problem!
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