“Violation of Gi in the non-agri-food sector”: the victory of Prosecco in Poland

Prosecco, one of the most famous and widely consumed Italian wines in the world, and also one of the most imitated, “has won a legal battle in Poland over a case of geographical indication (GI) infringement in a non- agri-food sector”. The news was announced by “Sistema Prosecco” - “Prosecco System” (alliance of the Conegliano Valdobbiadene Docg, Prosecco Doc, and Asolo Consortia) underlining “an important victory in its ongoing efforts both in Italy and abroad” to ensure the correct use of the term Prosecco and the protected designations managed by the three member consortia”. Specifically, explains a note, “ruling issued on June 11 by the Regional Court of Warsaw recognized the misuse of the name “Prosecco” in Poland on beauty products marketed by a well-known U.S. multinational, operating locally through a distributor who was the subject of the legal proceedings. The court’s first-instance decision, still subject to appeal, ruled in favor of the consortia, represented in court by the Prosecco Doc Consortium. The ruling confirms the prohibition of using the name “Prosecco” to label or promote body care products, including on packaging and online”.
“Prosecco System” further stated that “the court found that such use of the term “Prosecco” constitutes evocation, exploitation of the denomination’s reputation, and misleading communication to consumers. This marks the first time in Poland that a ruling has been issued on a Gi infringement case involving non-agri-food products. Following this success, achieved with the support of the international legal team at Bird & Bird, Prosecco System announced that it will now pay closer attention to the services sector, where misuse of the term “Prosecco” is also widespread”. And, still that “the court also confirmed the full legal standing of the Consortium to act not only against the misuse of the denomination but also in cases of unfair competition: those powers are inherent to the Consortium’s role as a representative of producers’ interests”. According to Giancarlo Guidolin, president of the Prosecco Doc Consortium, supported by Franco Adami (president of the Conegliano Valdobbiadene Prosecco Docg Consortium) and Michele Noal (president of the Asolo Montello Wine Consortium), “the Consortium welcomes the court’s decision, which confirms the effectiveness of the protection strategy developed over the years in collaboration with Prosecco System. This action sets a significant precedent for the protection of GIs at the European level. Recognizing a violation of the Prosecco denomination in a product category far from wine is by no means a given result”.
Giancarlo Moretti Polegato, president of Prosecco System, firmly stated that “as the court reaffirmed, the term Prosecco may only be used for products that comply with the respective production regulations regarding each denomination. That’s why the three consortia will continue to monitor and act in synergy and with determination against any form of misuse or exploitation of the denominations, across all product categories, to protect and promote the work of the entire production chain”.