Verbraucherprodukte - Essen und Trinken

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  •  
    22/03/2024
    England and Wales

    A bit of a turkey: ASA rules against Aldi’s “Cheapest Christmas Dinner” ad

    The ASA has made a significant ruling against Aldi in relation to a “basket of goods” comparison in which Aldi claimed to have “Britain’s cheapest Christmas dinner”. The ASA found that the claim was misleading for a number of reasons, notably because competitor prices checked in a normal trading period in November are not reflective of actual prices in the fast-moving, heavy-discounting run-up to Christmas. The ruling will have a significant impact on ads promoting products for a specific upcoming event by way of competitor price comparisons. It also casts significant...
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  •  
    19/03/2024
    Ungarn

    Hungary adopts new regulations on occupational Safety and Health fines and administration

    The Hungarian parliament recently adopted amendments to certain government regulations on occupational matters, and new government regulations on the detailed rules for the amount and imposition of occupational safety and health (OSH) fines, which entered into force on 1 March 2024. The amendments to the government regulations were necessary to ensure consistency between the legislation.The following article summarises these changes.1. Government Decree No 24/2024 (II.14.) amending certain Government Decrees on employmentAmendment to Government Decree No. 320/2014 (XII.13.) on the designation of...
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  •  
    13/03/2024
    United Kingdom

    To milk or not to milk - Oatly wins appeal against invalidity of its ‘POST MILK GENERATION’ trade mark in the UK

    IntroductionThe High Court recently allowed an appeal by Oatly against a decision of the Intellectual Property Office ("IPO”) which had found the trade mark ‘POST MILK GENERATION’ to be invalid as it was deceptive in relation to oat based products (contrary to section 3(4) of the Trade Marks Act 1994 (the “Act”)).  The High Court overturned the IPO’s ruling and declared Oatly’s trade mark to be validly registered, ruling that the use of the term ‘milk’ in Oatly’s marketing did not amount to its products being “designated”...
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  •  
    13/03/2024
    England and Wales

    Not Frying So High: EU General Court Rejects “MYBACON” Trade Mark Appeal

    Introduction Food company Myforest Foods Co. sought to register the trade mark “MYBACON” for its plant-based food product. Both the European Union Intellectual Property Office (EUIPO) and the EUIPO’s Board of Appeal rejected its application on the grounds that  the mark is deceptive (Myforest Foods Co. v EUIPO, Case T‑107/23). Determined to press on with its appeal, Myforest brought the case before the EU General Court (GC) but it has been unsuccessful. The EU General Court agreed with the EUIPO that the mark “MYBACON” was likely to mislead the public...
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  •  
    11/03/2024
    United Kingdom

    Wasting more than food? Oven ready contributions to emissions reductions targets

    For many years at EU and UK level the contribution of waste, including food waste, to greenhouse gas (GHG) emissions has been well understood both in terms of emissions as part of the waste process but also in terms of the emissions associated with the production and transportation of the product. In the EU the implementation of the Waste Framework Directive’s hierarchy of preventing waste and encouraging reuse then recycling prior to recovery and disposal methods has been a longstanding requirement and the same obligations remain the case in the UK today. As waste separation and presentation...
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  •  
    11/03/2024
    England and Wales

    IPEC dismisses trade mark and passing off claim in lemon cider dispute (Thatchers v Aldi)

    This case illustrates some of the difficulties that brand owners face when trying to protect themselves against lookalikes, especially in the fast-moving and competitive market of alcoholic beverages. The court considered the evidence of reputation, intention, confusion and damage, and found it insufficient to establish either trade mark infringement or passing off.Evidence that the Thatcher’s product was the benchmark when creating the Aldi product was not in itself persuasive. The majority of design decisions were said to have been made orally at Aldi, making the Thatchers case hard to...
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