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Levola Hengelo v. Smilde Foods BV

Case C-310/17 (2018)

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Levola Hengelo v. Smilde Foods BV

European Union Court of Justice
Case C-310/17 (2018)

Facts

The creator of Heksenkaas, a spreadable cheese dip, transferred all intellectual-property rights in the product to Levola Hengelo (Levola) (plaintiff). Smilde Foods BV (Smilde) (defendant) manufactured and sold a product that Levola considered an infringement of the taste of Heksenkaas. Levola brought suit against Smilde in the Netherlands court system, arguing that the taste of Heksenkaas was protected by copyright and seeking a cease-and-desist order. The district court ruled in favor of Smilde, finding that Levola had failed to specify the elements or combination of elements that gave Heksenkaas its unique taste. Levola appealed. The appeals court referred the matter to the European Union Court of Justice for a preliminary ruling.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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Intellectual Property

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