The European Court of Justice (ECJ) ruled that only cheeses bearing the protected designation of origin (PDO) “Parmigiano Reggiano” can be sold under the name “Parmesan”. The case involved an action initiated in 2005 by the European Comission, the executive branch of the European Union, against Germany, after the government refused to prosecute its cheese producers for using the name, arguing it was generic.

When considering Council Regulation EEC No 2081/92, related to the protection of geographical indications, the Court held that products registered as a PDO are protected inter alia against “any misuse, imitation or evocation”. Generic names may not, however, be registered, and registered designations may not become generic.

According to the Court, it is not only the exact form in which a PDO has been registered which is protected under Community law. Given the phonetic and visual similarity between the names in question, and the similar appearance of the products, use of the name “Parmesan” must be regarded as an evocation of the PDO “Parmigiano Reggiano”, which is protected by Community law against such an occurrence. Since it has failed to show that the name “Parmesan” is generic, Germany cannot rely on that exception under the Regulation.

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Source: Court of Justice of the European Communities

 

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