Aldi to make Champagne confirmation in TM dispute
Back in August, it was reported on The Trademarkroom blog that Aldi had received a challenge in relation to their latest frozen dessert release.
Aldi had released ‘Champagne Sorbet’ throughout their stores in a bid to appeal to the luxury dessert market.
This product was disputed by the Trade Association for the Houses of Champagne who claimed that the product was an infringing use of the Protected Designation of Origin ‘Champagne’.
The claim was brought before the Court of Justice for European Union after the Houses entitlement to take action was questioned by Germany’s Federal Court of Justice.
The CJEU stated that the name ‘Champagne Sorbet’ is likely to be covered under the reputation of ‘Champagne’ and therefore an inferiority in regards to the quality of the product is likely to take undue advantage of the reputation.
Therefore, the Court has asked Aldi to show that the taste of Champagne is one of the essential characteristics of the sorbet.
The matter has now been referred back to the German Federal Court of Justice, who will be the ones to assess if Aldi has shown the Champagne taste essential characteristics.
If Aldi cannot prove this, the Court is likely to conclude their use of ‘Champagne’ is unlawful, which is likely to see the product being removed.
Therefore, this case will be one to watch for the sorbet lovers among you and time will tell if Aldi’s bubble has well and truly been popped.
By Ellis Sweetenham