by
lmh » Mon Aug 05, 2013 10:10 am
And a late reply to Peter's ethical conundrum.
Vanczy rebottling Rottgut: as a customer, you are buying Vanczy's name. The only people entitled to sell that name are Vanczy. Therefore they have a right to rebottle Rottgut and sell it as Vanczy (but a private bar-tender doesn't). Vanczy promised you vodka, the bottle contains vodka, your consumer rights aren't being harmed.
But Vanczy can't entirely escape the consequences of their action: their ability to sell Vanczy vodka comes from a belief it's different, and just as Coca-Cola suffered a big loss of consumer trust over their Thames water thing, so Vanczy are skating on thin ice if anyone finds out. No criminal or civil offence has been committed, but the public don't need a court to tell them how to feel, who to trust, and from whom to buy.
This leads to my Daily Mail test. Instead of asking "is my action legal?", I personally think people should ask "am I going to feel ashamed of myself when my action appears on the front page of the Daily Mail Newspaper?"