GIs toolbox

Bibliography

Zappalaglio A., Study on the Functioning of the EU GI System, 2022, (together with Suelen Carls et al.) (2022)

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This study is the largest empirical work on the functioning of EU agricultural GIs and it aims to provide more insight into the practical nature, functioning and foundations of the EU sui generis GI regime for the protection of agricultural products and foodstuffs.

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This study is the largest empirical work on the functioning of EU agricultural GIs and it aims to provide more insight into the practical nature, functioning and foundations of the EU sui generis GI regime for the protection of agricultural products and foodstuffs.

Malovic N., EU General Court says that there is no likelihood of confusion between EU collective trade mark ‘HALLOUMI’ and ‘BBQLOUMI’, Journal of Intellectual Property Law & Practice, Volume 16, Issue 4-5, April-May 2021, Pages 291–292 (2021)

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In a decision on 20 January 2021, the EU General Court confirmed that there is no likelihood of confusion between the EU collective trademark ‘HALLOUMI’ and ‘BBQLOUMI’. In July 2014, M.J. Dairies EOOD (the Intervener) applied to register the following figurative sign as an EU trade mark (EUTM). In November 2014, the Foundation [...]

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In a decision on 20 January 2021, the EU General Court confirmed that there is no likelihood of confusion between the EU collective trademark ‘HALLOUMI’ and ‘BBQLOUMI’. In July 2014, M.J. Dairies EOOD (the Intervener) applied to register the following figurative sign as an EU trade mark (EUTM). In November 2014, the Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi (the Applicant), filed an opposition. This text aims to present the facts and the legal context, addressing the analysis of how the dispute was resolved in the field of the legal protection of intellectual property rights.

Günzel O., Ashes to ashes for cheese featuring the ‘Morbier’ visual appearance?, Journal of Intellectual Property Law & Practice, Volume 16, Issue 4-5, April-May 2021, Pages 293–294 (2021)

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In its ground-breaking decision, the Court of Justice of the European Union has extended protection of a protected designation of origin or protected geographical indication to the reproduction of shape or appearance of the product itself. The Defendant, Société Fromagère du Livradois, had been producing Morbier cheese since [...]

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In its ground-breaking decision, the Court of Justice of the European Union has extended protection of a protected designation of origin or protected geographical indication to the reproduction of shape or appearance of the product itself. The Defendant, Société Fromagère du Livradois, had been producing Morbier cheese since 1979. Until 11 July 2007 they used the name ‘Morbier’ without AOC indication. After the expiry of the transition period, Defendant changed the name, but not the appearance of their cheese, from then on marketed as ‘Montboissié du Haut Livradois’. The Claimant brought proceedings against the Defendant before the Tribunal de Grande Instance de Paris (Regional Court, Paris), basically requesting an injunction prohibiting the Defendant from producing and marketing a cheese that would reproduce the visual appearance of ‘Morbier’, and in particular, any use of a black line separating two parts of the cheese. this text aims to present the facts and the legal context, addressing analysis of how the dispute was resolved in the field of the legal protection of intellectual property rights.

Günzel O., Dinkel B., German court says that product specification for PDO is exhaustive without room for additional requirements prescribed by national legislation, Journal of Intellectual Property Law & Practice, Volume 16, Issue 4-5, April-May 2021, Pages 296–297 (2021)

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The Supreme Administrative Court Rhineland-Palatinate has allowed a winegrower to use the protected designation of origin (PDO) ‘Rheinhessen’ for wine grown on his vineyard located in the geographical area according to the product specification with no need to meet additional requirements prescribed by national legislation. The PDO ‘Rheinhessen’ did not [...]

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The Supreme Administrative Court Rhineland-Palatinate has allowed a winegrower to use the protected designation of origin (PDO) ‘Rheinhessen’ for wine grown on his vineyard located in the geographical area according to the product specification with no need to meet additional requirements prescribed by national legislation.
The PDO ‘Rheinhessen’ did not undergo a specific application, but was part of Germany’s list of quality wines forwarded to the European Commission according to Article 54 Council Regulation (EC) No 1493/1999. This means that ‘Rheinhessen’ was automatically granted protection. Germany, as the EU Member State of origin, was required to submit the technical file for the PDO, including, in particular, the product specification for the PDO. The product specification had to include at least the name to be protected, a description of the wine, the specific oenological procedures for producing wine (where applicable), the wine production guidelines, and the demarcation of the geographical area concerned. The single document for the PDO ‘Rheinhessen’ published in the database eAmbrosia containing the product specification defines the geographical area as the vineyard areas of 148 municipalities in Rhineland-Palatinate, which are expressly enumerated in alphabetical order (from Albig to Zotzenheim). This text aims to present the facts and the legal context, addressing an analysis of how the dispute was resolved in the field of legal protection of intellectual property rights.

Schiavetti D., Genericness in US certification marks: the ‘GRUYÈRE’ case, Journal of Intellectual Property Law & Practice, Volume 16, Issue 4-5, April-May 2021, Pages 298–300 (2021)

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On 17 September 2015, Interprofession du Gruyère (IDG), a Swiss registered association, and Syndicat Interprofessionnel du Gruyère (SIG), a French syndicate, filed an application for a standard character certification mark for GRUYÈRE, claiming first use as early as 1982. IDG is also the owner of the certification mark No 4398395 for [...]

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On 17 September 2015, Interprofession du Gruyère (IDG), a Swiss registered association, and Syndicat Interprofessionnel du Gruyère (SIG), a French syndicate, filed an application for a standard character certification mark for GRUYÈRE, claiming first use as early as 1982. IDG is also the owner of the certification mark No 4398395 for LE GRUYÈRE SWITZERLAND AOC’ (design), registered in 2013. In its certification, the mark indicates that the cheese originates in the Gruyère region in Switzerland and lists the various cantons and districts of origin. The International Dairy Foods Association (IDFA), US Dairy Export Council (USDEC), Atalanta Corporation (‘Atalanta’), and Intercibus Inc (‘Intercibus’) (collectively ‘the Opposers’) filed notices of opposition alleging that IDG and SIG had failed to exercise legitimate control over the proposed certification mark. Hence, ‘GRUYÈRE’ would be incapable of functioning as a certification mark under Sections 4 and 45 of the Trademark Act, 15 USC section 1052(e)(1).
The Trademark Trial and Appeal Board (‘the Board’) concluded that US consumers of cheese understand the term ‘gruyère’ as a designation that primarily refers to a type of cheese that can come from anywhere, and not specifically from Switzerland or France.