The plaintiff had applied for the registration of the trade mark for a certain sparkling wine. The trade mark depicted several medals that were purportedly won by the plaintiff in competitions.
The defendant argued that the plaintiff had not in fact won one of the medals, so that the trade mark would mislead consumers. For this reason, according to the defendant, the trade mark could not be registered.
The court now had to decide whether the trade mark could be registered in light of the medal issue.