News & Analysis as of September 6, 2025

Food Manufacturers

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The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -

European Court of Justice Restricts Advertising for Food with Botanicals

King & Spalding on 7/7/2025

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

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

Hogan Lovells on 5/17/2019

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

CJEU pokes holes in copyright protection for the taste of cheese

Hogan Lovells on 11/16/2018

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

Can a taste be protected by copyright in Europe?

Hogan Lovells on 7/30/2018

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

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

Hogan Lovells on 7/26/2018

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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