Prosciutto di Parma PDO, victory in the Court of Cassation against the evocative use of the name

The affair began in 2017 when a delicatessen from Abruzzo marketed in Germany, the Czech Republic and Luxembourg packs of generic raw ham with the indication "Jambon tipo Parma". Now the Supreme Court has definitively recognised that this was an illegitimate use. According to the Consortium of Parma Ham that won the long-standing case, this is 'a remarkable result in the protection of the PDO, concerning the evocation and usurpation of its name'.

It was therefore confirmed that the use of wording similar to the protected name on generic products constitutes a detrimental commercial practice that misleads the consumer and damages the relationship of trust that underlies fair trade practices.

"Defending the intellectual property represented by the PDO Parma Ham, especially from the undue use and evocation of the denomination with the aim of obtaining commercial advantages, is a task that our body constantly carries out, both nationally and abroad - stated Alessandro Utini, President of the Parma Ham Consortium. We welcome with great satisfaction the positive outcome of this court case, which consolidates the protection of the recognised rights that our PDO enjoys. In particular, it is highly significant that at all three levels of judgement it was reaffirmed that fraud exists whenever the protected denomination is unduly evoked, even in cases where the customer is aware that he is purchasing a generic, non-certified product that has nothing to do with the quality and distinctiveness of Parma Ham. In terms of legal and intellectual protection, our PDO comes out considerably strengthened by the sentence obtained in the Supreme Court: a label bearing the wording 'Parma type', even though it is an allusion and not the full name, confuses the consumer's expectations and at the same time risks compromising the image of the protected product and the work that our producers carry out daily, with passion and great commitment, to achieve an excellence that is appreciated all over the world,' Utini concludes.