Chobani Prohibited from Using “Greek” Yogurt Designation in U.K.

The England and Wales Court of Appeal has dismissed the appeal filed by
Chobani from a lower court’s grant of permanent injunction barring the
company from selling “Greek yogurt” in the United Kingdom, finding that the
court did not err in ruling that “FAGE was entitled to restrain Chobani from
passing off its American made yoghurt as and for yoghurt made in Greece by
the use of the description Greek yoghurt.” FAGE UK Ltd. v. Chobani UK Ltd.,
[2014] EWCA (Civ) 5 (decided January 29, 2014). Details about the lower
court ruling appear in Issue 477 of this Update.

Chobani has reportedly indicated that it intends to appeal the ruling to the
Supreme Court, saying “We remain of the view that the population of the U.K.
know and understand Greek yogurt to be a product description regardless of
where it is made. We remain committed to the U.K. market and to breaking
the monopoly on the use of the term Greek yogurt enjoyed by Fage.” See The
Charlotte Observer, January 29, 2014.

Issue 511