In a recent dispute concerning the use of the geographical indication (GI) and Protected Designation of Origin (PDO) “Salaparuta” for Sicilian wine, the Italian Supreme Court has deferred to the Court of Justice of the European Union (CJEU) in order to determine the validity of this GI/ PDO as well as if co-existence is possible…
Already in 2019, the Austrian Supreme Court (“OGH”) had confirmed the lower instance decisions cancelling the Austrian figurative mark “SW Sophienwald” for being decriptive of its geographical origin for glassware and related goods in classes 14, 21 and 33 (decision of 26.11.2019, case 4 Ob 152/19k, please refer to my prior blog post here). One year…
Primo July we published an article about the Advocate General’s opinion on the use of protected designations of origin (PDO) for export to third countries. Read the article here. With the recent judgment from European Court of Justice (ECJ) in case C-159/20, it is established that the opinion has been followed in its substance. The…
Yet another Feta case has reached the European Court of Justice (ECJ). This time the question is whether the Kingdom of Denmark is obliged to stop Danish cheese producers from using the protected designation of origin (PDO) Feta for cheese exported to third countries. Historically production and export of cheese under the name Feta existed…
The Austrian courts recently had the opportunity to provide some clarifications as to when a geographical indication, which is not protected as such under EU legislation, may be registered as a trademark, relying on the principles established more than 20 years ago in the “Chiemsee” preliminary rulings of the Court of Justice of the EU…
On 14th October 2019 the Italian authorities seized approximately 250 tubes of Prosecco and Pink Peppercorn flavoured Pringles crisps from supermarket chain Tosano in the Veneto region of Northeastern Italy. The ‘administrative seizure’ was ordered on the basis that the name Prosecco – which is protected as Designation of Origin (PDO) under EU Regulation 1308/2013 –…
The debate about the traditional terms, such as “torta”, has occupied Spanish case law for a long time and now the saga continues on an EU level. The main discussion is about whether the expression “torta” can be classified as a Traditional Designation. Background: The Regulatory Body for the Protected Designation of Origin of Queso…
