The FAGE Greek Yoghurt Case

The world renowned manufacturer of Greek Yoghurt, FAGE, has recently won an 'extended passing-off' case against Chobani UK Limited and Chobani, Inc in the United Kingdom. Interestingly, an extended passing-off claim, unlike a classic passing-off claim, may be brought by one or more members of a class of traders which share the collective goodwill in a mark.

In the present case, FAGE, which had a 95% market share for all yoghurt labelled as 'Greek yoghurt' sold in the UK, claimed that 'Greek yoghurt' constituted a goodwill phrase which applied exclusively to yoghurt which (i) was manufactured in Greece; (ii) was made using the Greek method of straining cow's milk to reduce the whey; (iii) contained no additives.