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 that this matters to them, generating goodwill. Use of the phrase for yoghurt not made in Greece constitutes misrepresentation and passing off. EU Regulation 1151/2012 does not preclude national passing off actions for denominations not used or registered in the country of origin. The appeal is dismissed.

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 / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Passing Off, Extended Passing Off, Geographical Indications, Misrepresentation, Goodwill, Injunctive Relief
Intellectual Property Commercial Law EU Law Passing Off Extended Passing Off Geographical Indications Misrepresentation Goodwill +1 more

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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 / Judgment on Appeal

Legal Issues

  1. 1 Whether the phrase 'Greek yoghurt' is distinctive of yoghurt made in Greece and thus capable of protection under the law of passing off
  2. 2 Whether use of 'Greek yoghurt' for yoghurt not made in Greece constitutes misrepresentation and passing off
  3. 3 Whether EU Regulation 1151/2012 precludes national injunctive relief for geographical indications not registered under the Regulation

Ratio Decidendi

A substantial proportion of UK buyers of 'Greek yoghurt' believe it is made in Greece and that this matters to them, generating goodwill. Use of the phrase for yoghurt not made in Greece constitutes misrepresentation and passing off. EU Regulation 1151/2012 does not preclude national passing off actions for denominations not used or registered in the country of origin. The appeal is dismissed.

Court Disposition

appeal dismissed

Orders

  • Permanent injunction restraining Chobani from passing off its US-made yoghurt as 'Greek yoghurt' in the UK