Fage UK Ltd & Anor v Chobani UK Ltd & Anor [2014] EWCA Civ 5 (28 January 2014)

Fage UK Ltd & Anor v Chobani UK Ltd & Anor [2014] EWCA Civ 5 (28 January 2014)

The phrase 'Greek yoghurt' in the UK market denotes yoghurt made in Greece, and a substantial proportion of buyers are deceived by its use for yoghurt not made in Greece. FAGE has established goodwill in the phrase, and Chobani's use constitutes misrepresentation and passing off. Injunctive relief is not precluded by Regulation (EU) 1151/2012 in these circumstances.

Citation
[2014] EWCA Civ 5
Parties
Claimant/respondent: FAGE UK Limited; Claimant/respondent: FAGE Dairy Industry S. A.; Defendant/appellant: Chobani UK Limited; Defendant/appellant: Chobani, Inc.
Jurisdiction
England and Wales
Judgment Date
28 January 2014
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed; injunction upheld.
Legal Topics
Passing Off, Geographical Indications, Extended Passing Off, Distinctiveness, Misrepresentation
Intellectual Property Commercial Law Passing Off Geographical Indications Extended Passing Off Distinctiveness Misrepresentation

Case Brief

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Parties

FAGE UK Limited

Claimant/respondent

FAGE Dairy Industry S. A.

Claimant/respondent

Chobani UK Limited

Defendant/appellant

Chobani, Inc.

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether 'Greek yoghurt' in the UK denotes yoghurt made in Greece and is distinctive enough to support a passing off claim
  2. 2 Whether use of 'Greek yoghurt' for yoghurt not made in Greece constitutes misrepresentation and causes damage
  3. 3 Whether injunctive relief for geographical indications is precluded by Regulation (EU) 1151/2012

Ratio Decidendi

The phrase 'Greek yoghurt' in the UK market denotes yoghurt made in Greece, and a substantial proportion of buyers are deceived by its use for yoghurt not made in Greece. FAGE has established goodwill in the phrase, and Chobani's use constitutes misrepresentation and passing off. Injunctive relief is not precluded by Regulation (EU) 1151/2012 in these circumstances.

Court Disposition

Appeal dismissed; injunction upheld.

Orders

  • Permanent injunction restraining Chobani from using 'Greek yoghurt' for yoghurt not made in Greece