Fage UK Ltd and Another v Chobani Uk Ltd and Another: ChD 26 Mar 2013

Extended passing-off case about yoghurt. The main issue was whether, by the beginning of September 2012, the phrase ‘Greek yoghurt’ had, when used in the UK marketplace, come to have attached to it a sufficient reputation and goodwill as denoting a distinctive type of yoghurt made in Greece, so that the use of the same phrase to describe yoghurt not made in Greece, however otherwise similar, would involve a damaging misrepresentation sufficient to support a claim in passing-off.
Briggs J found that the phrase ‘calculated to’ means ‘damage is, in the ordinary course of events, viewed objectively, likely to be caused by the conduct of which complaint is made’


Briggs J


[2013] EWHC 630 (Ch), [2013] FSR 32




England and Wales


At ChD (1)Fage UK Ltd and Another v Chobani Uk Ltd and Another ChD 11-Dec-2012
Action for passing off – application to allow additional survey evidence . .
At ChD (2)Fage UK Ltd and Another v Chobani Uk Limited and Another ChD 29-Jan-2013
Whether additional survey evidence should be admitted . .

Cited by:

At ChD (3)Fage UK Ltd and Another v Chobani UK Ltd and Another CA 28-Jan-2014
Lewison LJ said: ‘Appellate courts have been repeatedly warned, by recent cases at the highest level, not to interfere with findings of fact by trial judges, unless compelled to do so. This applies not only to findings of primary fact, but also to . .
CitedGerrard and Another v Eurasian Natural Resources Corporation Ltd and Another QBD 27-Nov-2020
The claimants, a solicitor and his wife, sought damages in harassment and data protection, against a party to proceedings in which he was acting professionally, and against the investigative firm instructed by them. The defendants now requested the . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property

Updated: 29 May 2022; Ref: scu.472041