Fage UK Ltd & Anor v Chobani UK Ltd & Anor

Fage UK Ltd & Anor v Chobani UK Ltd & Anor

A substantial proportion of UK buyers of Greek yoghurt believe it is made in Greece and this matters to them; the uniform labelling convention, trade evidence, and premium pricing demonstrate goodwill attached to the term. Chobani's use of 'Greek yoghurt' for US-made yoghurt constitutes a material misrepresentation likely to erode the distinctiveness of the term and damage goodwill. The counterclaim for malicious falsehood fails as the mistake was negligent, not reckless or malicious, and no damage was caused.

Parties
Claimant: FAGE UK LIMITED; Claimant: FAGE DAIRY INDUSTRY S. A.; Defendant: CHOBANI UK LIMITED; Defendant: CHOBANI INC
Jurisdiction
England and Wales
Judgment Date
26 March 2013
Procedural Posture
Civil / Final Judgment
Outcome
Claim allowed; counterclaim dismissed.
Legal Topics
Passing Off, Extended Passing Off, Trade Description, Misrepresentation, Malicious Falsehood
Intellectual Property Commercial Law Tort Passing Off Extended Passing Off Trade Description Misrepresentation Malicious Falsehood

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Parties

FAGE UK LIMITED

Claimant

FAGE DAIRY INDUSTRY S. A.

Claimant

CHOBANI UK LIMITED

Defendant

CHOBANI INC

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether 'Greek yoghurt' in the UK marketplace denotes yoghurt made in Greece and has acquired sufficient reputation and goodwill to support a claim in passing-off
  2. 2 Whether the use of 'Greek yoghurt' by Chobani for yoghurt not made in Greece constitutes a misrepresentation
  3. 3 Whether FAGE's letter to Trading Standards contained malicious falsehoods causing damage to Chobani

Ratio Decidendi

A substantial proportion of UK buyers of Greek yoghurt believe it is made in Greece and this matters to them; the uniform labelling convention, trade evidence, and premium pricing demonstrate goodwill attached to the term. Chobani's use of 'Greek yoghurt' for US-made yoghurt constitutes a material misrepresentation likely to erode the distinctiveness of the term and damage goodwill. The counterclaim for malicious falsehood fails as the mistake was negligent, not reckless or malicious, and no damage was caused.

Court Disposition

Claim allowed; counterclaim dismissed.

Orders

  • Permanent injunction restraining Chobani from selling US-made yoghurt in England and Wales under the description 'Greek yoghurt'.
  • Counterclaim for malicious falsehood dismissed.