THE makers of sparkling perry Babycham are taking legal action against the homewear company Cath Kidston Ltd, claiming its use of a baby deer logo in a Christmas advertising campaign infringed the wine company's rights.
A lawyer for Cath Kidston, 54, who owns homes in Painswick and London, has denied a confusing similarity between the baby dear featured on its home furnishing products and the iconic chamois image which appears on the bubbly beverage, however.
Babycham have lodged a High Court writ against Cath Kidston Ltd demanding they stop using the image and that all goods adorned with it are destroyed.
In the writ, barrister David Wilkinson, representing Western Wines Holdings Ltd and Accolade Wines Ltd, claims Cath Kidston's baby deer is 'substantially similar' to the Babycham logo.
But lawyer Philip Roberts, acting for Cath Kidston, said his client disputed that their deer was 'substantially similar'.
"While it cannot be denied that, by nature, deer and chamois are both hoofed ruminants, unaccustomed to wearing ribbons, the differences in the manner of execution speak for themselves, not least arising out of the absence of horns and the springing 'springbok' stance," he said.