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…
Category Archives Global Courts
Lindt & Spruengli AG is once again facing trademark litigation over its gold-wrapped chocolate candy, this time for its “Teddy,” which Haribo GmbH claims infringes its “Gold-Bears” multi-colored gummy bears product. Lindt was unable to secure a European Union (EU) trademark for its chocolate bunny, but was able to stop Hauswirth in Austria from manufacturing Easter bunnies resembling its bunny. Lindt did not succeed in similar litigation against Reigelein in Germany. Additional information about the EU Court of Justice ruling rejecting the bunny registration appears in Issue 441 of this Update. Lindt and Haribo apparently agreed to ask a German court to resolve their dispute, and an initial hearing occurred in Landgericht Köln in October 2012. The final hearing is scheduled for December 18. Lindt has reportedly indicated that it specifically avoided marketing its bear shaped candy as a “Gold Teddy,” but Haribo complains that the product nevertheless infringes its…
Mafrash Attias has reportedly filed a putative class action against McDonald Israel alleging that the company cheats consumers by putting less ice cream into its ice cream cups. According to the complaint, Attias found that the contents of two sizes of the company’s “Ice Blast” product, with an NIS 2 shekel price (US 50 cents) difference, are nearly always barely distinguishable in weight or volume. He has also apparently alleged that the large size sometimes holds less ice cream than the less expensive smaller alternative and that the McDonald’s marketing pitch is to encourage customers to “size-up” for “only” 2 additional shekels. The named plaintiff reportedly submitted samples from several McDonald’s stores to the independent, Jerusalem-based Forensic Science Institute for testing. According to a news source, its report is attached to the complaint. The plaintiff seeks NIS 24.5 million (about US $7 million). See Jewish Business News, December 9, 2013…
The World Trade Organization (WTO) has reportedly established a compliance panel at the request of Canada and Mexico in an ongoing dispute over the U.S. country-of-origin (COOL) meat labeling rules. Canada’s International Trade Minister Ed Fast and Agriculture Minister Gerry Ritz applauded the WTO action, saying that the United States must “respect its international trade obligations and put an end to mandatory Country of Origin labeling.” Canada argues that recent changes to the COOL implementing regulations did not bring them into conformity with WTO obligations. Because the compliance panel consists of the original members who found that the U.S. law was unfair to foreign meat producers, the Canadian officials suggest that the process will be accelerated. If the challenge succeeds, “which may include an appeal to the WTO Appellate Body, Canada could seek authorization from the WTO to impose retaliatory tariffs on U.S. imports.” Meanwhile, meat and livestock organizations that…
According to a news source, the Turkish Competition Authority has concluded a 15-month investigation and imposed a fine of 17.9 million Turkish Liras (US $8.6 million) on Frito-Lay, finding that it engaged in practices to ensure that it was the only salty snack brand available for sale in retail shops. While the initial decision and fine have apparently been issued to the company, a more detailed “reasoned decision” will be forthcoming. The company, which contends that it “has strong policies in place to achieve compliance with the laws and regulations everywhere we do business,” will reportedly have the right to file an appeal. See BakeryandSnacks.com, September 6, 2013.
In the first investigation subject to a pilot program, the International Trade Commission (ITC) has agreed with an administrative law judge (ALJ) that a company alleging infringement of its patents for laminated packaging by the importers of liquor, wine, toys, electronics, and cosmetics failed to show that it had a domestic industry that would be harmed by the alleged infringement. In re Certain Prods. Having Laminated Packaging, & Components Thereof, No. 337-TA-874 (ITC, decided August 6, 2013). Several alleged infringers, including Camus Wine & Spirits Group of Cognac, France, were terminated from the investigation before it was resolved on the basis of settlement agreements with claimant Lamina Packaging Innovations, Inc. of Longview, Texas. ITC has the authority to bar imports of products deemed harmful to a domestic industry and announced earlier this year that it would test expedited procedures in cases alleging unfair practices in import trade. Under the program, ITC…
According to news sources, French President François Hollande has said that the country will maintain its prohibition on growing genetically modified (GM) corn sold by Monsanto, despite a Council of State court ruling reversing the moratorium on the ground that it had little legal basis. The ban on MON810 corn has been in effect in France since February 2008 and was extended in 2012. The July 29, 2013, court ruling was the second to overturn the ban—the first ruling, in 2011, was also ignored by former President Nicolas Sarkozy. While Monsanto was not a party, it said in response to the verdict, “The decision by the Conseil d’État is welcome support for a science- and evidence-based approach to GM crop policy in France and the EU. The decision confirms that farmers throughout the EU should have the right to use seeds that European authorities have approved for use throughout the…
A federal court in Australia has determined that processors advertising their chickens as “free to roam” on packaging and in advertisements and publications were liable to mislead the public as to the nature and characteristics of the product. Australian Competition & Consumer Comm’n v. Turi Foods Pty. Ltd., (No. 4) [2013] FCA 665 (Fed. Ct. of Austl., decided July 8, 2013). The court’s opinion details the efforts undertaken to determine stocking densities at various stages of a chicken’s development and includes the results of site visits by the court, support staff and the parties’ legal representatives. At certain times in their development, according to the court, thousands of chickens live in such close proximity in the sheds that “very little, if any, of the floor surface could be seen.” Thus, the court ruled that the “impugned statements . . . were apt to mislead and deceive and were false insofar…
The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) has issued a final rule amending the Country of Origin Labeling (COOL) regulations to comply with a World Trade Organization (WTO) appellate ruling that certain provisions relating to muscle cut meat commodities were inconsistent the WTO Agreement on Technical Barriers to Trade (TBT Agreement), which includes an obligation “to accord imported products treatment no less favorable than that accorded to domestic products.” Effective May 23, 2013, the final rule requires origin designations for muscle cut covered commodities “to specify the production steps of birth, raising, and slaughter of the animal from which the meat is derived that took place in each country listed on the origin designation.” It also eliminates “the allowance for commingling of muscle cut covered commodities of different origins” and expands the definition for “retailer” “to include any person subject to be licensed as a retailer under…
The Congressional Research Service (CRS) recently issued a report to explore whether U.S. Department of Agriculture (USDA) proposed rules on labeling muscle cuts of meats will comply with World Trade Organization (WTO) findings that current country-of-origin labeling (COOL) requirements discriminate against livestock imports. Titled “Country-of-Origin Labeling for Foods and the WTO Trade Dispute on Meat Labeling,” the report reviews events that led to the WTO ruling which followed a challenge filed by Canada and Mexico to the 2008 farm bill amendments that adopted the disputed COOL provisions. A WTO arbitrator established May 23, 2013, as the deadline for the United States to comply. Various stakeholders have apparently presented a number of options to bring the United States into compliance, and USDA issued a proposed rule in March. Canada and Mexico have evidently argued that the proposed rule does not fulfill U.S. WTO obligations, and the CRS report notes that this…
