May 2005
Who owns the cheesy brand name 'feta'?
The Advocate General in the European Court of Justice, in reasserting the exclusivity of the cheese 'feta', said that only cheese made in certain areas of Greece should be allowed to be called 'feta', and argued that Denmark and Germany should no longer have the right to call their versions 'feta'.
The Greeks want 'feta', the heart and soul of Hellenic cuisine, to be given the same protection as other products such as Parma ham, French champagne and in Britain, products (of which there are nearly 30 to date) such as Newcastle Brown Ale, Shetland lamb, Single Gloucester, Cornish clotted cream and Jersey Royal potatoes. A surprising decision of the EU recently declared that Yorkshire pudding was generic and does not have to be made in Yorkshire to use the name. The judge, in favour of the Greeks, considered the geographical make-up of feta to be crucial to its quality and therefore deserving of 'Protected Designation of Origin' protection throughout the 25 EU member countries. The British 'feta' cheesemakers, Yorkshire's Shepherds Purse Cheeses, have suffered a legal setback. A final legal ruling is expected late this year and if the court finds in favour of Greece, a ban on other countries using the name 'feta' will come in to force in 2007.
BRIFFA Comment:
When a branding dispute is first identified it is important to obtain legal advice to properly assess the importance of the dispute to your business. The unauthorised use of your brands can damage your business by causing customer confusion, falling revenues and even lost markets.
Often products known for their unique traditional methods of production serve to shape the way in which a brand's sphere of business is recalled by our senses. The power of a well-branded product, which is capable of conveying multiple messages and associations, is difficult to over-estimate. Greece want their product of some 6000 years to be associated in the minds of the purchasers with a peculiar colour, texture, flavour and composition which is clearly dependent on the natural environment, culture and traditional production methods, now and in the future. These geographical indicators are pivotal in claiming exclusivity to such a product. We shall wait to see if Greece achieves this. However, Bulgaria and Romania are due to join the EU in 2007 and they may well launch a legal battle too, as they regard 'feta' as theirs.