Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherBrowse by ChannelAbout the NetworkJoin the NetworkProductsSub-MenuProducts OverviewBlog ProBlog PlusBlog PremierMicrositeSyndication PortalsAbout UsContactSubscribeSupport
Book a Demo
Search
Close

Taste Held Not Protectable Under European Copyright Laws

By Fox Rothschild LLP on November 30, 2018
Email this postTweet this postLike this postShare this post on LinkedIn

Earlier this month, the European Court of Justice ruled that the taste of a food product is not eligible for protection under EU copyright laws.

The ruling by European Union’s highest legal authority, which is binding on all EU member states, came in a lawsuit brought by the Dutch manufacturer of a popular spreadable cheese dip in which the manufacturer accused a rival company of copyright infringement after it began producing a similar product.

The Court explained that to be eligible for copyright protection, the subject matter must be expressed “in a manner which makes it identifiable with sufficient precision and objectivity.”  Unlike works of literature, art, or music, which offer “a precise and objective expression,” a food’s taste “is identified primarily on the basis of subjective sensations and experiences which depend on factors particular to the subject person, such as age, food preferences and consumption habits, as well as on the environment or context in which the food is consumed.”

The Court also noted a lack of any technical means for precisely and objectively identifying the taste of a food product which enables it to be distinguished from other tastes.

  • Posted in:
    Communications, Media & Entertainment, Intellectual Property
  • Organization:
    Fox Rothschild LLP

LexBlog, Inc. logo
Facebook LinkedIn Twitter RSS
Real Lawyers
99 Park Row
  • About LexBlog
  • Careers
  • Press
  • Contact LexBlog
  • Privacy Policy
  • Editorial Policy
  • Disclaimer
  • Terms of Service
  • RSS Terms of Service
  • Products
  • Blog Pro
  • Blog Plus
  • Blog Premier
  • Microsite
  • Syndication Portals
  • LexBlog Community
  • Resource Center
  • 1-800-913-0988
  • Submit a Request
  • Support Center
  • System Status
  • Resource Center
  • Blogging 101

New to the Network

  • Beyond the First 100 Days
  • In the Legal Interest
  • Cooking with SALT
  • The Fiduciary Litigator
  • CCN Mexico Report™
Copyright © 2025, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo