CLASS 46
Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
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MONDAY, 2 SEPTEMBER 2013
"Greek Yoghurt": what does the term mean to you?
A survey published this morning on the Journal of Intellectual Property Law & Practice (JIPLP)'s informal jiplp weblog asked readers to say what the words "Greek Yoghurt" meant to them. This wasn't a random question but one which has currently been of interest to the thick-and-creamy yoghurt sector, where competition is fierce and much profit is to be made. Litigation before the British courts, which is still ongoing, has caused judges to consider the meanings of terms such as "Greek Yoghurt" and "Greek-style Yoghurt" and to ask what those words mean to the yoghurt-consuming public.
Tags: Greek yoghurt, extended passing off,
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"Greek Yoghurt": what does the term mean to you?
A survey published this morning on the Journal of Intellectual Property Law & Practice (JIPLP)'s informal jiplp weblog asked readers to say what the words "Greek Yoghurt" meant to them. This wasn't a random question but one which has currently been of interest to the thick-and-creamy yoghurt sector, where competition is fierce and much profit is to be made. Litigation before the British courts, which is still ongoing, has caused judges to consider the meanings of terms such as "Greek Yoghurt" and "Greek-style Yoghurt" and to ask what those words mean to the yoghurt-consuming public.
For a term to attract protection as a Protected Geographical Indication (PGI), Protected Designation of Origin (PDO) orTraditional Speciality Guaranteed (TSG) in the European Union, it is first necessary for there to be a description or specification that defines products in such a way that one can ascertain whether they fall within the scope of that term or not. It is then necessary for one or more governments to take the initiative and seek protection of that term under a Regulation.
Where there is no single understood definition of a term and no formal PGI, PDO or TSG protection exists, it may still be possible for a relatively imprecise term to be protected in the United Kingdom under the rules regarding "extended passing off". It was on this basis that the concept of "Swiss chocolate" was capable of being protected -- even there was no one specific definition or range of ingredients that determined its characteristics.
So what of "Greek Yoghurt"? If that term can be protected, it must be shown it has acquired a specific reputation and has created an expectation on the part of consumers. But how far need that reputation and expectation go? The JIPLP poll attracted just over 150 respondents, of whom over 91% agreed that such yoghurt should be "thick and creamy" and 58% considered that it had to be made in a special way -- but only 40% assumed that it had to come from Greece.
Class 46 will be keeping an eye on this litigation as it continues, and will also be looking for examples of appellations in which there may be a degree of shared goodwill but which exist below the level of the officially recognised EU rights.
Posted by: Blog Administrator @ 10.10Tags: Greek yoghurt, extended passing off,
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