Aldi ‘Champagne Sorbet’ dispute reasoning released
As reported on The Trademarkroom Blog previously, Aldi came under a spot of bother when they released a ‘champagne sorbet’.
The French Comité Interprofessionnel du Vin de Champagne (CIVC) had brought proceedings against Aldi over the product, claiming that the product containing 12% champagne impacted negatively on the ‘champagne’ name.
The claim was filed in Germany as this is where the product was sold. However, the German court requested the opinion of the Court of Justice for the European Union on the matter.
This time last year, the CJEU ruled that Aldi must prove that one of the essential characteristics of the product is attributable to champagne.
If they could not prove this, then the use of the term may take undue advantage of the reputation of the protected designation of origin.
However, the highest court in Germany has flipped this and placed the burden on the CIVC to prove that the ingredient of Champagne does not determine the taste of Aldi’s disputed ‘Champagne Sorbet’ product.
The reasoning of the court has been released this week.
Now the matter will be taken back over by the Munich Appeal Court for the next steps.
Champagne is possibly the most famous protected designation of origin and their bubble has just burst!
By Ellis Sweetenham