Chocosuisse Union des Fabricants Suisses de chocolat v Cadbury Ltd, 1998 RPC 117
Citation: Chocosuisse Union des Fabricants Suisses de chocolat v Cadbury Ltd, 1998 RPC 117
Rule of thumb: If you want to use a geographical origin name on your product, but your product is not from that geographical area, can you just tweak the name? No. Geographical origin names that are tweaked but still create the same connotations with a lot of people will be deemed to be a breach of geographical origins laws.
Judgment:
The basic facts of this case were that chocolate was being sold as ‘Swiss Chalet’, which it was deemed was a breach of geographical origins laws‘... ”Swiss chocolate” is the designation which has been used, save for very minor exceptions, only on chocolate made in Switzerland in accordance with Swiss food regulations. Subject to restrictions imposed by these regulations, those chocolates have been made to very different recipes. They taste different from each other and are no doubt of different qualities inter se... together they have acquired a reputation for quality... For many the name “Swiss Chalet” will signify nothing but a pretty sounding name for a bar of chocolate... there are some who will be struck by... the defendant’s packaging, namely Swiss... It is likely some will think that it is an indication that the product is Swiss chocolate... in my view it is still likely to be a substantial number’, Laddie J at page 135
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.