The same team of barristers that led Diageo to victory in the Vodkat case is now working for Fage in its lawsuit against Chobani.
The Greek yoghurt maker has instructed Simon Thorley QC of intellectual property specialists Three New Square chambers to fight its side in the case, which is scheduled to go to trial in February 2013. Thorley acted for
Diageo in its case against Intercontinental Brands, which resulted in Vodkat - which was not a vodka - rebranding to be called V-Kat Schnapps.
Clare Thomas, a partner at law firm Addleshaw Goddard, said Fage’s instruction of Thorley and junior counsel Joe Delaney suggests the company is keen on a full trial, even though cases such as these are often settled out of court.
“If they won at trial, Fage would create a precedent that would potentially allow them to block other people - not just Chobani - from calling their products Greek yoghurt when they are not made in Greece,” she said.