ECJ: No copyright for taste

Taste cannot be identified with precision and objectivity.

The case of two Dutch spread cheese manufacturers shows that there is a lot to dispute about taste.

The plaintiff Levola Hengelo BV has been producing a cheese spread under the name "Heks'nkaas" since 2012 and distributed the product in Dutch supermarkets. Two years later, in 2014, the defendante Smilde launched a product called "Witte Wievenkaas", which has since been renamed "Wilde Wietze Dip". This product was sold mainly through discount stores. The applicant took the view that the competing product infringed its copyright by its similar taste.

The Court of Justice of the European Union (ECJ) decided now that the taste is not a copyright "work", because it can not be "identified with precision and objectivity" - in contrast to acoustic or optical perceptions. Further information on this interesting ECJ ruling can be found at the ECJ.