Deal or Case news
12.09.2024
NautaDutilh assisted Cult Gaia, a subsidiary of the American legal entity Cult Gaia with legal battle over using the word ‘champagne’ to describe a colour.

On 9 September 2024, the District Court of The Hague ruled that Cult Gaia’s use of the term 'champagne' as a colour designation on clothing labels or stickers does not constitute an unlawful exploitation of the reputation associated with the Protected Designation of Origin (PDO) 'Champagne'. PDO is a type of geographical indication within the European Union aimed at preserving designations of origin for food-related products. Examples include Parmigiano Reggiano and Gorgonzola. Under EU law, there is quasi-absolute protection for PDOs. Unlawful use includes any use of that geographical indication for any product or service that exploits, weakens, dilutes, or is detrimental to the reputation of the protected name.

In its decision, the judge noted that Cult Gaia had sufficiently demonstrated that since the early 20th century and continuing today, 'champagne' has been commonly used as a colour designation in everyday language. Additionally, it was observed that it is common practice in the clothing industry to indicate colours on labels and stickers in a manner similar to Cult Gaia's use of ‘champagne’. The judge found that consumers would perceive 'champagne' in this context purely as a colour description rather than associating it with Champagne wine.

This decision opens the door to a fresh perspective on the protection of names. It demonstrates that while PDOs are highly safeguarded, there's still flexibility for common sense when a name is used in a completely different context. So, the next time you're shopping for a champagne-coloured shirt, you can thank Cult Gaia and this ruling for a little more freedom in naming.
Jeroen Boelens, Intellectual Property partner

Jeroen Boelens represented Cult Gaia together with Liselotte Bekke and Laura Zanting. This ruling sets an important precedent for similar cases involving PDOs and their use in unrelated industries. It clarifies that even though the protection of PDOs is broad and no specific exception is provided in the regulation, not all uses of terms associated with them will be deemed exploitative.

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