Since 2014, Cité Gourmande had been marketing frozen potato products under the names "Frites du Sud-Ouest cuites dans la graisse de canard" and "Rissolées du Sud-Ouest cuisinées à la graisse de canard". The products, made with duck fat, used the reference "Sud-Ouest" while featuring a visual of a gallinaceous bird on the marketed packaging.

Problematic elements in the denomination and packaging of the incriminated products

The Tribunal Judiciaire de Paris upheld the arguments of INAO and PALSO. In particular, it ruled that:

• PGI specification products and duck fat must be considered comparable. The use of the terms "Sud-Ouest" in connection with duck fat for products not eligible for the PGI therefore undermines it.
• The arrangement of the elements making up the packaging of the products in question is likely to lead the consumer to establish a link with the PGI and to assume that the duck fat used comes from the South-West:
• The words "du Sud-Ouest", grammatically linked to potatoes, are immediately followed by "cuites à la graisse de canard" or "cuisinée à la graisse de canard"
• A drawing depicts a duck
• The packaging makes recurring reference to "terroir", implying traditional know-how.
• From a phonetic and visual point of view, the disputed names present close links with that of the PGI concerned. Thus, even if the terms of the PGI are only partially reproduced and the words "foie gras" are absent, an association is induced in the mind of the consumer. The essential elements of the PGI "Canard à foie gras du Sud-Ouest (Chalosse, Gascogne, Gers, Landes, Périgord, Quercy)" being "canard" and "Sud-Ouest".

Confirmation on appeal confirms SIQO protection

On September 8, 2023, the Paris Court of Appeal upheld the first-instance decision in all its provisions, relying in particular on the European Court of Justice's ruling of December 17, 2020 in the Morbier case.

The Court thus confirmed the visual association created by the insert presenting the product name, even though the term "Sud-Ouest" is grammatically linked to potatoes.
Relying on European case law (Aceto Balsamico di Modena case), it also noted that it was irrelevant that only the term "Sud-Ouest" from the PGI was included. The protection conferred by the PGI covers the name as well as each of its components, if the term is not generic or common.
Finally, it held that the use of the indication "Sud-Ouest" associated with the duck fat used to cook the finished product has the effect of misleading the consumer as to the true origin of the product. The disputed product thus takes undue advantage of the reputation of the products covered by the PGI.

The Court concluded that these acts constitute an infringement of the PGI, within the meaning of Article 13-1 b) and d) of rEuropean Regulation 1151/2012. It shows that the protection offered by Article 13 can be cumulative. This decision will bolster the protection actions carried out by the INAO and the defense and management organizations behind products under official quality and origin identification signs.

Note that Cité Gourmande may decide to appeal to the Supreme Court.