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Evoking Bivalves

Ramón Seoane

Introduction

In an interesting judgment dated January 22, 2024, the Provincial Court of A Coruña (4th Section) has ruled that the use, on the packaging of canned mussels produced by a canning company not registered in the protected designation of origin (PDO) Mejillón/Mexillón de Galicia, of the legend “from the Galician estuaries”, next to the description “pickled mussels”, is subsumable in the infringing conduct described in paragraph b) of Article 13.1 of Regulation (EU) 1151/2012, by imitation or evocation of the name registered by the mentioned PDO.

Court's Opinion

In the Court’s opinion, since the cultivation of mussels covered by the PDO Mejillón/Mexillón de Galicia is carried out in platforms spread over large areas of the Galician estuaries, the reference to mussels from the Galician estuaries is equivalent to saying mussels from Galicia, thus evoking the quality of the protected product and undermining the prestige of the producers registered under the PDO. 

This conclusion is not prevented by the fact that the defendant was based in the same geographical area in Galicia (Pobra do Caramiñal), as established by the CJEU in its judgment of 2 May 2019, Case C-614/17 Queso Manchego.

PDO Mejillón/Mexillón de Galicia

The Judgment is also interesting from a procedural point of view, since the Court of Appeals corrects the Court a quo that had dismissed the claim without going into the merits on the grounds that the Regulatory Council of the PDO Mejillón/Mexillón de Galicia did not have the legal standing to bring an action since it lacked a resolution of the general meeting of said body authorizing the legal action. 

According to the Court ad quem, this issue (of a procedural nature and not of a material nature like the standing to sue, which has to do with the relationship with the disputed legal relationship) had already been resolved in the Preliminary Hearing to the satisfaction of the plaintiff, without any complaint or protest from the plaintiff. 

In this regard, the Provincial Court reminds us that the Spanish Civil Procedural Rules, contrary to the rules applicable to the judicial review of administrative activity, does not contemplate the adoption of an enabling agreement by the governing or representative body of the legal entity as a requirement for proceeding. 

In any case, the absence of the authorization for the exercise of actions would be an internal problem of the Regulatory Council that could result in liability if the absence of the pertinent authorization is determined, but this is not an issue that could be used by a third party outside this internal relationship to prevent the exercise of actions.

The Defendant's Consolation

As a consolation for the defendant (apart from the possibility to appeal), the Court of Appeals rejected the existence of unfair competition (by application of the principle of relative complementarity) and the claims for damages related to the rejected unfair competition action. 

The text and summary of the resolution can be consulted at the following link on the website of the General Council of the Judiciary: Link . Furthermore, the website of the PDO Mejillón/Mexillón de Galicia has also echoed this resolution favorable to their interests: https://www.mexillondegalicia.org/?p=3889 

About the author

I am mainly involved in representing national and foreign clients before all judicial bodies in the field of intellectual and industrial property and in civil matters in general. I am also familiar with related disciplines such as civil and commercial contracts licensing and agency agreements, etc.

In the field of industrial property, I have experience in patent litigation in different technical fields such as pharmaceuticals, telecommunications and mechanics. I have also been involved in trademark, design, copyright and unfair competition proceedings.

Apart from the legal activity, I feel very committed to organic farming as a healthy way of life and a mechanism for the preservation and recovery of rural environments.

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