- Jurisdiction
- European Union
You work for Wilbur Intergalactic, Ltd., a leadingNorth Carolina processor and purveyor of
North Carolina–style pork barbecue. Certain areas of North Carolina centered around Wilson, N.C., are known for producing superior pork barbecue because of the peculiar nature of the soil in which the pigs wallow and because of the method for preparing barbecue developed in that area. Soon, Limited Wilbur and other purveyors begin to promote their barbecue products as "Wilson-Style Barbecue." In 1999, the North Carolina legislature designates Wilson County as a special barbecue area and prohibits anyone from using the designation "Wilson-Style Barbecue" for barbecue not made from Wilsonbred hogs, in Wilson, pursuant to the Wilson method. Soon thereafter, the Professional Committee of Wilson Barbecue secures the U.S. trademark "Wilson-Style Barbecue" for Limited Wilbur and its other members.
In 2001, Limited Wilbur management learns that at France's Euro Wally World, a French firm has been selling pork barbecue with the words "Method Wilson" on the label. The barbecue is made from local French hogs, but pursuant to the Wilson method of barbecuing. The committee has not secured trademark protection in France.
a. Explain how a French court would analyze the issue of whether the French barbecuers are infringing upon Limited Wilbur's property rights. In this analysis, discuss whether "Wilson-Style Barbecue" is too generic to receive protection and what Limited Wilbur's rights are under the various intellectual property treaties.
Thanks for any help
North Carolina–style pork barbecue. Certain areas of North Carolina centered around Wilson, N.C., are known for producing superior pork barbecue because of the peculiar nature of the soil in which the pigs wallow and because of the method for preparing barbecue developed in that area. Soon, Limited Wilbur and other purveyors begin to promote their barbecue products as "Wilson-Style Barbecue." In 1999, the North Carolina legislature designates Wilson County as a special barbecue area and prohibits anyone from using the designation "Wilson-Style Barbecue" for barbecue not made from Wilsonbred hogs, in Wilson, pursuant to the Wilson method. Soon thereafter, the Professional Committee of Wilson Barbecue secures the U.S. trademark "Wilson-Style Barbecue" for Limited Wilbur and its other members.
In 2001, Limited Wilbur management learns that at France's Euro Wally World, a French firm has been selling pork barbecue with the words "Method Wilson" on the label. The barbecue is made from local French hogs, but pursuant to the Wilson method of barbecuing. The committee has not secured trademark protection in France.
a. Explain how a French court would analyze the issue of whether the French barbecuers are infringing upon Limited Wilbur's property rights. In this analysis, discuss whether "Wilson-Style Barbecue" is too generic to receive protection and what Limited Wilbur's rights are under the various intellectual property treaties.
Thanks for any help
