About Us
FAQ
Global Advisory Experts Logo
Global Advisory Experts Logo

Find a Global Law Expert

Specialism
Country
Practice Area

Awards

Since 2010, the Global Law Experts annual awards have been celebrating excellence, innovation and performance across the legal communities from around the world.

ECJ – Balsamico not a protected designation

posted 4 years ago

Balsamic vinegar can also come from Germany. According to a judgment of the ECJ from December 4, 2019, “balsamico” is not a protected term (Az. C-432/18).
We at the commercial law firm MTR Rechtsanwälte note that geographical designations of origin are eligible for protection because consumers associate them with a certain quality. But according to a judgment by the ECJ, balsamico need not come from Modena in Italy and can equally come from Germany.
The case concerned a dispute between an Italian consortium and a German company. The consortium had registered the name “Aceto Balsamico” for its balsamic vinegar from Modena as a protected designation of origin and protected geographical indication. It demanded that the German company cease selling vinegar products using the term “balsamico”, arguing that the name infringes a protected geographical indication.
The ECJ took a different view, ruling that the protection extends only to the name as a whole, not to individual non-geographical components. It held that aceto (vinegar) is a common term and balsamico a common adjective referring to flavor. The court found that consumers do not associate use of the term balsamico itself with geographical origin.
Lawyers with experience in the fields of copyright law and trademark law can offer advice.
https://www.mtrlegal.com/en/legal-advice/ip-law/trademark-law.html 

Author

posted 6 days ago

Join

who are already getting the benefits
0

Sign up for the latest advisory briefings and news within Global Advisory Experts’ community, as well as a whole host of features, editorial and conference updates direct to your email inbox.

Naturally you can unsubscribe at any time.

Newsletter Sign Up

About Us

Global Advisory Experts is dedicated to providing exceptional advisory services to clients around the world. With a vast network of highly skilled and experienced advisers, we are committed to delivering innovative and tailored solutions to meet the diverse needs of our clients in various jurisdictions.

Contact Us

Stay Informed

Join Mailing List

GAE