Consorzio per La Tutela Del Formaggio Asiago v Sartori Company

The Federal Court of Australia heard a dispute between Consorzio per La Tutela Del Formaggio Asiago (the applicant) and Sartori Company (the respondent). The applicant, an Italian consortium responsible for protecting the designation of origin for Asiago cheese, sought to prevent the respondent, an American cheese producer, from using the term "Asiago" in relation to its products. The applicant alleged that the respondent's use of the term infringed its rights under the *Madrid Protocol* and the *Australia-European Union Free Trade Agreement*, and constituted misleading and deceptive conduct under the *Australian Consumer Law*.

The central legal issues before the Court were whether the respondent's use of the term "Asiago" on its cheese products constituted a breach of the applicant's rights derived from the registration of "Asiago" as a geographical indication in Australia, and whether such use was misleading or deceptive. Specifically, the Court had to consider the scope of protection afforded to geographical indications under Australian law, particularly in light of international agreements, and the application of the *Australian Consumer Law* to the marketing of food products.

Justice Debrett Lyons found that the respondent's use of the term "Asiago" was not misleading or deceptive. The Court reasoned that the term had become a generic descriptor for a type of cheese in Australia, rather than exclusively denoting cheese originating from the Asiago region of Italy. This genericisation meant that consumers were unlikely to be misled into believing that the respondent's product was the authentic Italian Asiago cheese. The Court also considered the respondent's historical use of the term and the lack of evidence of actual consumer confusion.

The application was dismissed.