Geography Reference
In-Depth Information
where there was no link between the characteristics of the product and its
geographical provenance did not fall within that definition and were not
protected under Regulation No 2081/92. The Court ruled that this did not
preclude national legislation on the subject.
Case C-216/01
116
and Case C-245/02
117
concern the on-going dispute
between the US brewery Anheuser-Busch and various European opponents
concerning the use of the names: 'BUDWEISER', 'BUDWEISER BUDVAR'
and 'BUD'. In Case C-216/01 the 'Budjovický Budvar' brewery (Budvar)
brought an action against an Austrian company (Ammersin) which imported
and sold the Anheuser-Busch's beer called 'American Bud'. Budvar applied to
the Handelsgericht (Commercial Court) in Vienna for an order restraining
Ammersin from importing 'American Bud' claiming that the name 'American
Bud', which was registered as a US trade mark by Anheuser-Busch, was similar
to its own priority trade marks protected in Austria (namely 'Budweiser',
'Budweiser Budvar' and 'Bud') and was likely to cause confusion within the
terms of the Austrian law on unfair competition. Budvar also argued that the
use of the name 'American Bud' was an abuse of the indication of origin
protected under the Austro-Czechoslovakian Treaty of 1976 under which
Austria granted to the geographical designations of agricultural products from
Czechoslovakia a protection similar to that subsequently laid down, in respect
of Community products, by Community laws on PDOs. The ECJ held on the
basis of the findings of the national court that the name 'Bud' did not directly or
indirectly identify any region or place in the territory of the Czech Republic.
The protection of the name in question could not be justified on the grounds of
protection of industrial and commercial property within the meaning of Art 30
of the EC Treaty.
3.178
M.
'IMITATION OR EVOCATION'
It will be recalled that Art 13(1)(b) prohibits any 'misuse, imitation or evoca-
tion, even if the true origin of the products or services is indicated'. Profeta et al
(2009 at 629) question whether producers can evade the requirements of a
specification by using geographical names indicating places within an area of
production, eg brewers from Nuremberg (in the Bavarian region of Franken)
might call their product 'NÜRNBERGER BIER' or 'FRANKEN BIER' to
avoid the specification of 'BAVARIAN BEER'. This question would be decided
on the basis of whether or not such designations constitute an 'imitation or
3.179
116
Budéjovický Budvar v Rudolf Ammersin GmbH
[2003] ECR I-13617.
117
Anheuser-Busch v Budéjovický Budvar
[2004] ECR I-10989; [2005] ETMR 286.
