The protection of the name ‘Aceto Balsamico di Modena’ (Modena balsamic vinegar) does not extend to the non-geographical terms ‘aceto’ and ‘balsamico’, which can therefore be used by any producer, according to the judgment delivered by the Court of Justice of the EU (CJEU) on Wednesday 4 December in case C-432/18.
The case in the main proceedings was between the Italian producer group Consorzio Tutela Aceto Balsamico di Modena and the German company Balema GmbH, which manufactures and markets vinegar products made from German wines. The terms ‘balsamico’ and ‘deutscher balsamico’ appear on the labels of these products. The products of the Consorzio Tutela Aceto Balsamico di Modena bear the name ‘Aceto Balsamico di Modena’, a name that has been registered in the Register of Protected Designations of Origin (PDO) and Protected Geographical Indications (PGI) since 2009.
The Italian producer group has asked Balema to stop using the term ‘balsamico’. In response, the latter brought an action before the German courts to have its right to use this term established.
The German Federal Court of Justice, which is currently hearing the case, has itself referred the matter to the CJEU, asking it to determine whether the protection applicable to the name ‘Aceto Balsamico di Modena’ relates exclusively to that name as a whole or whether it also extends to the non-geographical terms ‘aceto’,’balsamico’ and ‘aceto balsamico’.
The Court held that the protection of the PGI at issue here concerns the name ‘Aceto Balsamico di Modena’, because it is this name which has an “indisputable reputation” on the Italian and international markets.
The non-geographical terms of this PGI, ‘aceto’ and ‘balsamico’, as well as their combination and translation, “cannot benefit from this protection, in particular because the term ‘aceto’ is a common term and the term ‘balsamico’ is a commonly used adjective”, the Court held, in accordance with the Advocate General’s Opinion delivered on 29 July 2019.
See the judgment: https://bit.ly/2YhF7nV (Agathe Cherki – intern)