On 20 March 2023, the Italian Supreme Court issued its decision No. 7937/2023 (Consorzio per la tutela del Formaggio Pecorino Romano DOP v Formaggi Boccea S.r.l.) on the validity of the "CACIO CAVALLO"trademark(the "Trademark"). Notably, the Consorzio per la tutela del Formaggio Pecorino Romano DOP (the "Applicant") challenged the registration of the Trademark as it was granted in contrast with the rights conferred to the Protected Designation of Origin (PDO) of "PECORINO ROMANO" (the "Pecorino Romano PDO") under Article 14 of Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (now repealed by Regulation No 1151/2012). The Supreme Court dismissed the appeal lodged by the Applicant under Article 14.1 of Regulation No. 510/2006 and stated that the similarity or identity of products must be assessed in light of the products' specifications, it being irrelevant whether two products fall within the same class of the Nice Classification. Furthermore, the Court upheld the findings of the Rome Court of Appeal, stating that the Trademark was registered prior to the registration of the Pecorino Romano PDO, and was registered in compliance with validity and revocation requirements under EU Council Directive 89/104/EEC and used in good faith as per Article 14.2 of Council Regulation No. 510/2006.
Originally published by April, 2023
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