Antimonopoly Office gives the green light for a merge of leaders in Czech bakery
Andrea Jarolimkova and Miloslav Sinfeld
On 23 April 2012, the
Antimonopoly Office announced its approval of the closely watched acquisition of
Euro Bakeries Holding, the sole shareholder of United Bakeries by Agrofert
Holding ("Agrofert"). Agrofert already owns Penam bakery, the number two Czech
bakery and the biggest competitor for United Bakeries. As the acquisition of
United Bakeries and Agrofert raised serious concerns regarding substantial
impediment of competition in the bakery and patisserie markets, the Antimonopoly
Office made the concentration approval subject to the fulfilment of a number of
Impact of Regulation 1169/2011 on Food Information to Consumers in the Aviation
Jarste Akkermann, Frankfurt am Main
Commission has recently passed Regulation (EU) No 1169/2011 on the provision of
food information to consumers. It changes and tightens existing legislation on
Back to top
Misleading geographic trademarks – The "Fiorella del Gargano" case
Linda Brugioni and Licia Garotti
of the Italian Competition Authority has built a consistent case law in
punishing promotional activities concerning trademarks misleading the public on
a Geographical Indication .
Recently, however, the Italian Competition
Authority interpreted the available rules very strictly, denying protection
where the alleged violation consisted of misleading the public by the use of
geographical names, different from real Geographical Indications, as trademarks.
The proof is in the pudding – Part II
Lara van Huizen & Manon Rieger-Jansen
In the previous Food Law Digest article of
September 2011 we reported on a judgment of the District Court of Utrecht
regarding registered shape marks for pudding packaging. On 24 April 2012,
the Court of Appeal Arnhem rendered a decision in the unsettled case between
FrieslandCampina and De Natuurhoeve.
Polish food and beverage sector to benefit from UEFA EURO 2012
June and 1 July 2012 Poland are co-hosting UEFA EURO 2012. The tournament is not
only a major celebration for the football fans, but also a major opportunity for
the food and beverage sector to promote excellent Polish food products among
hundreds of thousands of football fans from across Europe visiting Poland to
support their national teams. The Polish food and beverage sector is welcoming
football fans who come to watch, eat and drink.
Subway vs Subway Niche: Confusingly Similar?
The Plaintiff, Doctor's Associates Inc, owned and operated the franchise for the
popular sandwich chain "SUBWAY". The Plaintiff first registered its "SUBWAY"
marks in Singapore on 25 May 1989 and opened its first outlet in Singapore in
1996. The Plaintiff's primary products were Italian sandwiches prepared on the
spot consisting of freshly baked bread rolls with a choice of fillings. The
Defendant, Lim Eng Wah, owned and operated a chain of stalls in Singapore
selling sandwiches, nonya kueh and other local snacks under the "SUBWAY niche"
mark ("SUBWAY niche Mark"). The Defendant used the SUBWAY niche Mark since 1987.
Consumer Agency issues order against major retailer ICA for misleading
In an order issued on 2 April, the Swedish Consumer Agency ("SCA") ordered ICA
Sverige ("ICA"), a large retail company with both independent and retailer-owned
stores, to clearly inform consumers that deviations may occur in single ICA
stores that are covered by a price-cutting campaign targeted at consumers, both
in respect of the number of discounted goods and the value of the discounts.
Moreover, ICA Sverige is prohibited, by the penalty of a fine, to use
expressions such as "many hundreds of products" or similar, in price-cutting
campaigns, if the number of discounted goods does not exceed 200 as a minimum in
the ICA stores that are participating in the campaign. ICA has consented to the
order, which is a pre-requisite, the alternative being court proceedings.
UK Government actions on Food Labelling, Food Miles and Food Advertising on
On 14 May 2012 the Department of Health launched a consultation on
"front-of-pack-labelling". UK health ministers want to see all food
manufacturers and retailers use the same system to show how much fat, salt and
sugar, and how many calories are in their products. Around 80% of food products
sold in the UK have some form of front-of-pack-labelling but the different
systems used are considered to be potentially confusing to consumers. The
systems in place include percentage of the Guideline Daily Amount (% GDA), use
of traffic light colours (red, amber, green), and some use both.
UK IPO refuses application for an interactive ordering system patent
Compurants Ltd operate restaurants in London under the Inamo® brand which
features an interactive ordering system called E-Table®. The E-Table® system
allows diners to order from illustrated food and drinks menu projected onto the
surface of their table. In addition to protecting their brand through
registration of Community trade marks, Compurants Ltd also applied for a patent
in relation to the E-Table®.
List of permitted health claims published in the Official Journal on 25 May
Mary Smillie, London
The list of permitted health
claims under Article 13(1) of Regulation 1924/2006 has finally been agreed and
published by the European Commission. The list ranges from Activated Charcoal to
Zinc with Zinc having eighteen separate permitted claims.
Back to top