Trademark
Dutch Brewer Beats Germans in Fight for Bavaria Name
Bavaria NV, the second-largest Dutch brewer, should be able to keep the trademark to its brand name in an eight-year-old legal battle started by German beermakers, the European Union’s highest court said.
The European Court of Justice in Luxembourg today decided that brewers from the German area of Bavaria can’t use EU rules protecting regional food names to challenge the Dutch brewers’ use of the Bavaria brand name, which dates back to 1925.
The case is one of a growing number of battles over so- called geographical indications that protect the branding of food and drink products from a particular region. The court last year said only Italians can use the name Parmesan for their versions of the popular pasta topping, rejecting a challenge from German cheese makers.
“We are not free-riding on the German brewers’ reputation and we have never in any way pretended to be German,” said Gerard van der Wal, a lawyer for the Dutch beer maker. “We always said that we are a typical Dutch brewer.”
The German brewers said the case was a victory for their side as the court also upheld their geographic rights to “Bayerisches Bier,” Bavarian Beer in German, in a ruling that said both groups must co-exist.
Good Faith Co-Existence
EU rules from 2001 that protect regional food and beverage names “must be interpreted as having no adverse effects on the validity” of existing trademarks such as Bavaria, as long as they were registered in good faith, the Court of Justice said.
“The ECJ has made clear that these two brands must peacefully co-exist in a sensible, pragmatic decision that recognises the earlier rights to the Bavaria name,” said Kirsten Gilbert, a lawyer at Marks & Clerk Solicitors in London. “Today’s decision demonstrates that the strong protection for geographical terms cannot necessarily be used to cancel out earlier rights that brand owners have legitimately and successfully sought to protect.”
The ruling confirming the validity of the regional name right “is an important milestone” in the further development of the brand Bayerisches Bier and its exports, Michael Weiss, president of the Bayerischen Brauerbund, said in an e-mailed statement.
Today’s decision will serve as guidance to an Italian court handling a dispute there to complete its judgment in line with EU rules.
The Bavarian brewers’ association, which dates back to 1880, wants Bavaria to stop selling beer with the name Bavaria. Bavaria has been using its name since 1925 and got its first trademark registrations in 1947, according to court documents.
The case is C-343/07 Bavaria NV and Bavaria Italia Srl v. Bayerischer Brauerbund e.V.
(Published by Bloomberg - July 2, 2009)