Blessed are the cheesemakers?

Recent trademark battles over Parmesan and Pashmina have once again highlighted the need to protect trademarks, argues Dr Gillian Whitfield, Managing Director of Astrum

IT’S hard not to be seduced by the romance of a great of small Italian cheese makers battling the might of the German government, just as it is difficult not to raise a smile at the thought that all the trouble has been caused by Parmesan cheese.

But this recent European Court of Justice case, which supposedly concluded in triumph for the Italians, once again highlights why companies must protect their trademarks from the very start of trading.

It is the latest in a long line of food wars. We now know that Parma Ham, like Parmesan, must come from the Parma province, champagne must come from Champagne, and Newcastle Brown Ale must come from Tyneside. However, it does not necessarily follow that Cheddar cheese has to be made in a specific part of Somerset.

Why is it that Parmesan succeeded where Cheddar failed? Well, as with so many European rulings, it isn’t that straightforward. While Parmigiano Reggiano must come from only one side of the Alps, the victory was only a partial one for the cheesemakers who, unlike those exhorted in Monty Python’s Life of Brian, probably feel a little less than blessed at the moment.

The highest court of law in the European Union also decided that Germany, which had been prosecuted by the EU for failing to protect Parmesan’s protected designation of origin, or PDO, was under no obligation to go after manufacturers that contravene this ruling.

The Italians appeared philosophical about the matter. "The glass is half-full and half-empty," Igino Morini, spokesman of the Parmigiano cheesemakers' group, opined afterwards. "Germany has been acquitted, but the court has recognized that the term Parmesan can only be used for Parmigiano Reggiano."

Law is often practical in its findings, and the Parmesan case had a ring of something slamming hard shut long after Dobbin had cantered off to the meadow. The same applies to Pashmina. India and Pakistan have for decades disputed the Kashmir area where it is found. Now the latter is objecting to the former’s application for a Geographical Indicator Patent.

Let’s hope that the judge remains pragmatic, as both countries are on to a hiding to nothing over this issue. They are both around 10 years too late, as Pashmina has become a regular item in Western fashion circles for some time now.

Both Newcastle Brown Ale and champagne are protected by geographical indicators, while Cheddar is not. Scottish and Newcastle was able to demonstrate that its special brew could only be made with water from the Tyne, while the protective cartel of champagne producers also effectively argued that climate, soil and other local factors played their part in producing a distinctive grape.

It’s the champagne producers who provide the lesson for companies in Newport and Gwent that want to safeguard their distinctive trading positions. The best defence against other companies attempting to trade off the back of your reputation is to trademark your business from the very start. Don’t believe those people who will tell you that there is nothing that can be done against infringement from emerging economies like China – worldwide protection awarded here will work there, too.

Trademarking is common sense. No business can countenance the thought of inferior products or services being associated with its name. Only that way will you be truly blessed.