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Court of Justice of the European Union (CJEU) Food Manufacturers

King & Spalding

European Court of Justice Restricts Advertising for Food with Botanicals

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On April 30, 2025, the Court of Justice of the European Union (CJEU) has ruled that advertising food products containing botanicals with health claims is not permitted until the European Commission has granted the permission...more

Hogan Lovells

CJEU opinion to German Courts on PDOs: if it says Champagne, it must taste like Champagne

Hogan Lovells on

A "Champagne Sorbet" may only bear the name "Champagne" if the taste of the sorbet is also essentially characterized by Champagne. After years of litigation up to the Court of Justice of the European Union (CJEU) the Higher...more

Hogan Lovells

CJEU on products evoking a designation of origin: Don Quixote only rides the plains of La Mancha!

Hogan Lovells on

The use of figurative signs and words that evoke a geographical area which is associated with a protected designation of origin may constitute an unlawful evocation of the latter. This was the CJEU’s conclusion in its...more

Hogan Lovells

CJEU pokes holes in copyright protection for the taste of cheese

Hogan Lovells on

This week, the European Court of Justice (CJEU) ruled that the taste of cheese does not enjoy any copyright protection (C-310/17)....more

Hogan Lovells

Can a taste be protected by copyright in Europe?

Hogan Lovells on

This is, in essence, the fundamental question that has been submitted to the CJEU in the case C-310/17 (Levola Hengelo v. Smile Foods). ...more

Hogan Lovells

The CJEU confirms that unitary evidence can show acquired distinctiveness throughout the whole of the European Union

Hogan Lovells on

In the context of the KitKat shape mark saga, in Société des produits Nestlé SA v Mondelez UK Holdings & Services Ltd and another (Joined Cases C-84/17 P, C-85/17 P and C-95/17 P), the CJEU provided significant guidance on...more

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