Notes from NE10 v AU Vodka litigation27 Aug 2025 07:31
Leon ultimately ripped off AU Vodka. Says alot about the guy.
In 2019, Leon Hogan was actively exploring creating a brand of spirits which centred on the idea of an illuminated bottle. Following his idea, Mr Hogan allegedly met with Au Vodka in February 2021 with a view to them working together. The events of this meeting are contested between the parties, however at the meeting it became clear that there was little prospect of the parties working together, and both parties went their separate ways.
In September 2021, NE10 Vodka Limited began selling their own brand of vodka. NE10 Vodka's products are sold in distinctive metallised bottles in a range of colours, dependent on flavour. They contain two plates, a escutcheon plate containing the brand name "NE10 VODKA" and the other closer to the base of the bottle with the description of the product.
The Claim
On noticing the similarities, Au Vodka instructed their solicitors to send a letter of claim to NE10 Vodka alleging, amongst other things, that NE10 Vodka had infringed AU Vodka's registered figurative trade mark "Au79" and that they had committed the common law tort of passing off in using elements similar to the Au Vodka's branding, namely:
Au Vodka's figurative logo;
the shape of the bottle used by Au Vodka; and
the 'get-up and composition' of the bottle, including the two plates.
Following the letter of claim being sent to NE10 Vodka on 23 August 2022, a further letter of claim was sent to NE10 Vodka on 25 August 2022, which adopted the earlier claims and reserved the right to bring a claim against Mr Hogan personally for conspiracy to injure by unlawful means, but removed any extraneous claims.
On 30 August 2022, solicitors acting for NE10 Vodka responded to Au Vodka's solicitors defending the claims in their entirety. In the absence of a satisfactory outcome for Au Vodka, on 2 September 2022, AU Vodka issued court proceedings against NE10 Vodka claiming that they had infringed Au Vodka's IPRs and was therefore liable for passing off. It is interesting to note that the particulars of claim no longer allege infringement of Au Vodka's figurative logo.
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