Fage UK Ltd & Anor v Chobani UK Ltd & Anor

Fage UK Ltd & Anor v Chobani UK Ltd & Anor

Permission is granted to the Defendants to proceed to a full survey at their own risk as to costs, subject to possible modifications and further expert input, as the survey may be of assistance in establishing whether a substantial proportion of relevant consumers believe 'Greek Yoghurt' denotes origin in Greece. The court will reconsider admissibility of the survey results and evidence from respondents at a later stage, given the current lack of expert evidence from both sides.

Parties
First Claimant: FAGE UK LIMITED; Second Claimant/part 20 Defendant: FAGE DAIRY INDUSTRY S. A.; First Defendant/part 20 Claimant: CHOBANI UK LIMITED; Second Defendant: CHOBANI INC
Jurisdiction
England and Wales
Judgment Date
11 December 2012
Procedural Posture
Civil Passing Off / Interlocutory Application for Permission to Adduce Survey Evidence
Outcome
Application granted in part, with directions for further process and costs reserved.
Legal Topics
Passing Off, Survey Evidence, Trademark Law, Evidentiary Procedure
Intellectual Property Civil Procedure Passing Off Survey Evidence Trademark Law Evidentiary Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

FAGE UK LIMITED

First Claimant

FAGE DAIRY INDUSTRY S. A.

Second Claimant/part 20 Defendant

CHOBANI UK LIMITED

First Defendant/part 20 Claimant

CHOBANI INC

Second Defendant

Procedural Posture

Civil Passing Off / Interlocutory Application for Permission to Adduce Survey Evidence

Legal Issues

  1. 1 Whether the Defendants should be permitted to adduce further survey evidence and evidence from respondents to that survey in a passing off action.
  2. 2 Whether the proposed survey methodology is sufficiently reliable and valuable to justify the costs.

Ratio Decidendi

Permission is granted to the Defendants to proceed to a full survey at their own risk as to costs, subject to possible modifications and further expert input, as the survey may be of assistance in establishing whether a substantial proportion of relevant consumers believe 'Greek Yoghurt' denotes origin in Greece. The court will reconsider admissibility of the survey results and evidence from respondents at a later stage, given the current lack of expert evidence from both sides.

Court Disposition

Application granted in part, with directions for further process and costs reserved.

Orders

  • Defendants permitted to proceed to a full survey at their own risk as to costs.
  • Defendants may apply to modify the survey with expert input by 20 December 2012.