Tesco scores partial victory in cheese cartel – Competition Bulletin from Blackstone Chambers

Posted December 21st, 2012 in competition, food, news, price fixing by tracey

“In a judgment handed down this afternoon, the Competition Appeal Tribunal largely upheld Tesco’s appeal against the OFT’s decision that it had participated in unlawful agreements relating to the price of cheese: see Tesco Stores Ltd v Office of Fair Trading [2012] CAT 31.”

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Competition Bulletin from Blackstone Chambers, 21st December 2012

Source: www.competitionbulletin.com

Protected food names: Quality or cartel? – BBC News

Posted November 20th, 2012 in food, news, protected geographical indication, trade names by sally

“What’s in a name? Well, if it’s the name of a tasty local food, then legal wrangles, multimillion-pound sales and the threat of small local traders going to the wall.”

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BBC News, 20th November 2012

Source: www.bbc.co.uk

Defra Public Consultation: Food Information Regulations 2013 – Department for Environment, Food and Rural Affairs

Posted November 8th, 2012 in consultations, food, news, regulations by sally

“Defra has launched a public consultation on the Government’s plans to make underpinning domestic legislation (Food Information Regulations 2013) to enable the FIC to be enforced in the UK.”

Defra Public Consultation: Food Information Regulations 2013 (PDF)

Department for Environment, Food and Rural Affairs, November 2013

Source: www.defra.gov.uk

Rintisch v Eder – WLR Daily

Posted October 26th, 2012 in EC law, food, law reports, trade marks by tracey

Rintisch v Eder: C-553/11;   [2012] WLR (D)  289

“Article 10(2)(a) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the member states relating to trade marks meant that the proprietor of a registered trade mark was not precluded from relying, in order to establish use of the trade mark for the purposes of that provision, on the fact that it was used in a form which differed from the form in which it was registered, without the differences between the two forms altering the distinctive character of that trade mark, even though that different form was itself registered as a trade mark. The article precluded an interpretation of a national provision intended to transpose it into domestic law whereby article 10(2)(a) did not apply to a ‘defensive’ trade mark which was registered only in order to secure or expand the protection of another registered trade mark that is registered in the form in which it was used.”

WLR Daily, 25th October 2012

Source: www.iclr.co.uk

Subway loses legal challenge over VAT on hot food – The Lawyer

Posted October 11th, 2012 in appeals, food, news, taxation, VAT by sally

“Mr Justice Arnold has thrown out an appeal bid by a franchisee of sandwich chain Subway to challenge HM Revenue & Customs’ VAT policy on hot food.”

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The Lawyer, 11th October 2012

Source: www.thelawyer.com

Cadbury hits a purple patch with legal victory to secure trademark – The Guardian

Posted October 3rd, 2012 in food, news, trade marks by sally

“Christian Louboutin has secured the trademark for the distinctive red used on the soles of shoes he designs, and the retailer Harrods has a trademark over the shade of green synonymous with its brand. Now confectionery giant Cadbury has won a lengthy court battle giving it the right to the trademark for the distinctive colour of purple it uses for the packaging of its milk chocolate.”

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The Guardian, 2nd October 2012

Source: www.guardian.co.uk

Pioneer Hi Bred Italia Srl v Ministero delle Politiche agricole alimentari e forestali – WLR Daily

Posted September 10th, 2012 in agriculture, EC law, environmental health, food, law reports by tracey

Pioneer Hi Bred Italia Srl v Ministero delle Politiche agricole alimentari e forestali: (Case C-36/11);   [2012] WLR (D)  262

“The cultivation of genetically modified organisms such as the MON 810 maize varieties could not be made subject to a national authorisation procedure when the use and marketing of those varieties were authorised pursuant to article 20 of Parliament and Council Regulation (EC) No 1829/2003 of 22 September 2003 on genetically modified food and feed and where those varieties had been accepted for inclusion in the common catalogue provided for in Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species as amended by Regulation No 1829/2003.”

WLR Daily, 6th September 2012

Source: www.iclr.co.uk

Budéjovický Budvar, národní podnik v Anheuser-Busch Inc – WLR Daily

Posted July 5th, 2012 in appeals, food, law reports, trade marks by sally

Budéjovický Budvar, národní podnik v Anheuser-Busch Inc [2012] EWCA Civ 880; [2012] WLR (D) 190

“Where a longstanding situation of honest concurrent user of the same mark for goods had come about, each user could register its mark, and each could stop third parties from using it, but neither could stop the other.”

WLR Daily, 3rd July 2012

Source: www.iclr.co.uk

UK in EU legal stink over garlic from China – BBC News

Posted June 22nd, 2012 in customs and excise, EC law, food, news by tracey

“Britain is being taken to court by the European Commission in a battle over a £15m unpaid tax bill on imports of Chinese garlic.”

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BBC News, 21st June 2012

Source: www.bbc.co.uk

Judge orders that anorexic woman can be force-fed | Analysis – UK Human Rights Blog

Posted June 19th, 2012 in food, medical ethics, medical treatment, mental health, news by sally

“Mr Justice Jackson has ruled that it would be lawful and in the best interests of a 32 year old woman (referred to in the judgment as ‘E’) for her to be fed, using physical force or chemical sedation as necessary, for a period of ‘not less than a year’.”

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UK Human Rights Blog, 19th June 2012

Source: www.ukhumanrightsblog.com

Anorexic medical student should be fed against her will, judge rules – Daily Telegraph

Posted June 18th, 2012 in food, medical ethics, medical treatment, mental health, news, privacy by sally

“A High Court judge has ruled that it is in the best interests of a woman who suffers from anorexia to be fed against her wishes.”

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Daily Telegraph, 15th June 2012

Source: www.telegraph.co.uk

Potato company boss faces jail over Sainsbury’s scam – The Guardian

Posted May 16th, 2012 in bribery, food, fraud, news by tracey

“A former potato firm director has been told he faces a significant jail term for his role in a bribery scam with a buyer at Sainsbury’s.”

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The Guardian, 15th May 2012

Source: www.guardian.co.uk

Stilton seeks right to use its own name for its cheese – Daily Telegraph

Posted April 19th, 2012 in food, news, protected designations of origin by tracey

“The village of Stilton is kicking up a stink for the right to use its own name for the cheese it produces.”

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DailyTelegraph, 18th April 2012

Source: www.telegraph.co.uk

Sainsbury’s ‘feed your family for £50’ ads banned – The Guardian

Posted April 4th, 2012 in advertising, complaints, food, news, ombudsmen by sally

“Sainsbury’s £10m ‘feed your family for £50’ advertising campaign has been banned because its meal plans failed to provide enough calories and cost more than advertised.”

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The Guardian, 4th April 2012

Source: www.guardian.co.uk

Frisdranken Industrie Winters BV v Red Bull GmbH – WLR Daily

Posted February 3rd, 2012 in EC law, food, law reports, trade marks by sally

Frisdranken Industrie Winters BV v Red Bull GmbH (Case C-119/10); [2012] WLR (D) 20

“A service provider who, under an order from and on the instructions of another person, filled packaging which was supplied to it by the other person who, in advance, affixed to it a sign which was identical with, or similar to, a sign protected as a trade mark did not itself make use of the sign that was liable to be prohibited under that provision.”

WLR Daily, 15th December 2012

Source: www.iclr.co.uk

Levi Roots wins legal battle over Reggae Reggae sauce recipe – The Guardian

Posted November 28th, 2011 in copyright, food, news by sally

“A cafe owner who claimed that he created the recipe for a sauce popularised by a reggae singer who appeared on the BBC television show Dragons’ Den has lost a high court battle.”

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The Guardian, 25th November 2011

Source: www.guardian.co.uk

Lucozade is a drink not a ‘functional food’ court rules – Daily Telegraph

Posted November 11th, 2011 in food, news, VAT by tracey

“The energy drink Lucozade has lost a bizarre legal attempt to prove it is a ‘functional food’ rather than a ‘beverage’, in a ruling which means it will still be eligible for VAT.”

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Daily Telegraph, 11th November 2011

Source: www.telegraph.co.uk

Levi Roots ‘took Reggae Reggae sauce recipe from friend’ – Daily Telegraph

Posted November 9th, 2011 in food, inventions, media, news by tracey

“Dragon’s Den entrepreneur Levi Roots is being sued for more than £300,000 by a pal who claims he is the real inventor of the Reggae Reggae sauce, a court heard today.”

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Daily Telegraph, 8th November 2011

Source: www.telegraph.co.uk

Mother found guilty of force-feeding baby to death – The Guardian

Posted October 13th, 2011 in child cruelty, food, homicide, news by tracey

“A nurse who killed her baby daughter by force-feeding her using a method she claimed was common in her native Ghana is facing jail following a three-week trial.”

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The Guardian, 12th October 2011

Source: www.guardian.co.uk

Victory for Somerset as cider brandy wins protected status – The Guardian

Posted September 16th, 2011 in food, news, protected geographical indication by tracey

“Historic spirit recognised by European commission after four-year battle and opposition from Spanish brandy makers.”

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The Guardian, 15th September 2011

Source: www.guardian.co.uk