The Court of the European Union considered the issue of the Federal Supreme Court of Germany, which asked for an explanation – whether the name “Balsamic vinegar of Modena” (Aceto Balsamico di Modena) protects only the name itself in its entirety or extends to non-geographical terms of this name (namely “vinegar” , “balsamic”, “balsamic vinegar”) in accordance with the EU Regulation on protected geographical indications and protected designations of origin of agricultural products and foodstuffs.
This question arose in connection with the conflict that arose between an Italian consortium of producers and a German producer of vinegar-based products.
An Italian consortium produces products labeled “Aceto Balsamico di Modena (PGI)” (Balsamic Vinegar of Modena, Italy). This name, in turn, has been registered in the register of protected designations of origin and the register of protected geographical indications since 2009.
The German company produces and sells vinegar-based products that are made from the wines of the Baden region. On the labels of its products, it uses the words “balsamic” (balsamico) and “German balsamic” (deutscher balsamico).
The Italian consortium demanded that the German company stop using the term “balsamic” (balsamico) on the labels of its products. In response, the German company applied to a German court for a declaration that it could use the term in relation to its products.
During the consideration of the question, the Court of the European Union reached the following conclusions. In its decision, the EU Court ruled that the protection of the name “Balsamic Vinegar of Modena” (Aceto Balsamico di Modena) does not extend to the use of individual non-geographical terms of the presented name. The Court noted that the registration of the protected geographical indication and the protection that such registration provides cover the name “Balsamic Vinegar of Modena” (Aceto Balsamico di Modena) in general, as it has a recognized reputation on the national and international markets. Conversely, the non-geographical terms of this geographical indication, in particular “vinegar” and “balsamic”, their use in combination and translation are not subject to such protection, since “vinegar” is a generic term and “balsamic” is an adjective commonly used to describe vinegar with a bittersweet taste.
Source: http://curia.europa.eu/