Geography Reference
In-Depth Information
concerned, on the one hand, and by reference to the understanding which the
relevant persons have of it, on the other.
66
6.47
In the present case the Court noted the agricultural reputation of Oldenburg
included dairy, livestock and meat-processing industries, thus the relevant
public may have perceived the geographical name as an indication of the
geographical origin of those goods.
67
The Court approved the approach of the
Board of Appeal, which was careful to avoid confirming that the contested
mark designated the geographical origin of the goods claimed, but that the
relevant public perceived the sign in question as an indication of the origin of
those goods.
68
It therefore found that the sign in question consisted exclusively
of a word 'which indicates or is capable of indicating to the relevant persons the
geographical origin of the designated goods'.
69
(d) 'SALAME FELINO'
Case C-46/07
70
concerned the interpretation of Art 2 of Directive 2000/13/EC
of the European Parliament and of the Council of 20 March 2000 on the
approximation of the laws of the Member States relating to the labelling,
presentation and advertising of foodstuffs,
71
of Arts 3(1) and 13(3) of Council
Regulation (EEC) No 2081/92 of 14 July 1992 on the protection of geographi-
cal indications and designations of origin for agricultural products and food-
stuffs and of Art 15(2) of the Trade Marks Directive.
72
On 12 December 2002
the Milan municipal police informed Mr Severi, in his own name and as the
legal representative of Grandi Salumifici Italiani SpA ('GSI') that GSI was
charged with infringing Art 2 of Legislative Decree No 109/92 relating to
labelling, presentation and advertising of foodstuffs,
73
by having marketed a
sausage, produced in Modena, the labelling of which bore the expression
'Salame tipo Felino'. That name was said to refer to a traditional method of
6.48
66
Ibid.
67
Ibid, at para 38.
68
Ibid, at para 43.
69
Ibid, at para 45.
70
Alberto Severi v Regione Emilia Romagna
[2009] EUECJ C-446/07.
71
OJ 2000 L 109, p. 29.
72
First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States
relating to trade marks (OJ 1989 L 40, p. 1).
73
Legislative Decree No 109/92 transposed the provisions of Art 2(1)(a)(i) of Council Directive 79/112/EEC of
18 December 1978 on the approximation of the laws of the Member States relating to the labelling,
presentation and advertising of foodstuffs for sale to the ultimate consumer (and provided:
'1. The labelling and the methods used are intended to provide the consumer with clear and accurate
information. They must be such as:
(a)
not to mislead the purchaser as to the characteristics of the foodstuff and, in particular, as to its nature,
identity, properties, composition, quantity, durability, origin or provenance, method of manufacture or
production of the foodstuff in question'.
