EU Court Rules Taste of Food Cannot Be Trademarked

The European Court of Justice has ruled that the taste of food cannot be trademarked, reports The Washington Times. The EU's highest court determined that "the taste of a food product cannot be identified with precision of objectivity" making it ineligible for copyright protection.

The court was asked for a ruling by a Dutch court seeking advice in a case where Levola, the producer of Heksenkaas, wanted its spreadable dip protected from copycats. A competitor brought Witte Wievenkaas to the market four years ago, and Levola said that cheese dip was a reproduction. The EU's highest court ruled that the taste of food depends on sensations and experiences, "which are subjective and variable."