In the judgment delivered on 21st January 2016 in Case C-75/15, the Court of Justice of the European Union clarifies the notion of “evocation” within the EU legislation on geographical indications for wine and spirits. In this regard, the Court reads the criterion enshrined in the judgment Gorgonzola, focusing on the effect of association of ideas made by the consumer between the protected geographical indication and the product name at issue. Moreover, the Court rules on unprecedented aspects of its interpretation of “average consumer” which is used as a reference in the analysis of the existence of an evocation. In particular, it states that the concept of “average consumer” covers European consumers and not merely consumers of the Member State in which the product is manufactured.
On Consumer, Evocation and Cider Spirit. Note on Case C-75/15 of the Court of Justice of the European Union
Annalisa Volpato
2016
Abstract
In the judgment delivered on 21st January 2016 in Case C-75/15, the Court of Justice of the European Union clarifies the notion of “evocation” within the EU legislation on geographical indications for wine and spirits. In this regard, the Court reads the criterion enshrined in the judgment Gorgonzola, focusing on the effect of association of ideas made by the consumer between the protected geographical indication and the product name at issue. Moreover, the Court rules on unprecedented aspects of its interpretation of “average consumer” which is used as a reference in the analysis of the existence of an evocation. In particular, it states that the concept of “average consumer” covers European consumers and not merely consumers of the Member State in which the product is manufactured.Pubblicazioni consigliate
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