Traduction de «étiquette en verre » (Français → Anglais) :

At paragraphs 79 and 78 of the judgments in T-109/08 and T-110/08 respectively, the Court held that the assessments by the Board of Appeal, not disputed as such by Freixenet and based, on the one hand, on the fact that no bottle was sold without a label or equivalent and, on the other, on the fact that Freixenet itself used the mark FREIXENET on the bottles for which it sought registration as marks, confirmed the idea drawn from practical experience, namely that the colour and matting of the glass of the bottle could not ‘function as a trade mark’ for sparkling wine as regards the relevant public.

At paragraph 47 of the judgments under appeal, the Court stated that the idea that the label constitutes the point of reference for the consumer of sparkling wine, which is not based on other elements, such as the colour of the glass of the bottle or its surface appearance, constitutes the central reasoning of OHIM and is merely a finding resulting from practical experience.

(Return tabled) Question No. 40 Ms. Kirsty Duncan: With respect to caffeinated energy drinks: (a) what does the term energy drink mean, and what Canadian regulatory agencies recognize the term; (b) what are the brands sold in Canada, what is the caffeine, guarana, and taurine content and concentration (if applicable) for each, and what regulations the brands passed; (c) what is the content and warning labels for each of the brands, and how do they compare with international standards, such as the European Union and the United States; (d) what are the pre-mixed caffeine-alcohol drinks, the caffeine and alcohol content and concentration ...[+++], and the regulations passed; (e) what is the scientific evidence for the positive benefit claims; (f) what pre-existing health conditions might make adolescents more susceptible or more at risk to caffeinated energy drinks; (g) what are the acute and long-term effects resulting from chronic and excessive consumption of energy drinks; (h) what are the acute and chronic long-term effects of consumption of caffeine in combination with other substances, such as alcohol, B vitamins, herbal derivatives, nicotinamide, pyridoxine, riboflavin, and taurine; (i) what is the safe daily amount of caffeine, and caffeine and taurine, for adolescents, aged 12-18 years; (j) were there any deaths that have been, in part, linked to consumption of energy drinks in Australia, Canada, the European Union, and the United States and, is so, in each case, what was the drink, the content and the concentration of caffeine and the number of drinks consumed; (k) what are the top-selling brands as well as pre-mixed caffeine-alcohol drinks, and what is the total retail market value for each in Canada; (l) what studies have been undertaken regarding adolescent use, adverse effects, and mixing with alcohol; (m) what are the impacts of caffeine-alcohol interactions, and what might this mean for abuse, drunk-driving, or injury; (n) has caffeine overdose been ...

Clearly there is a risk associated with every drink consumed and, whether or not it is heeded, this risk should be clearly and consistently spelled out on every alcohol label, package and container and in every advertisement and promotion.

It's pretty difficult to be convinced that a small label, which the consumer often doesn't even see. For example, as you know, when you go to a bar, you're not served from the bottle, but given a glass.

4. In the case of the glass bottles intended for reuse which are indelibly marked and which therefore bear no label, ring or collar and packaging or containers the largest surface of which has an area of less than 10 cm2 only the particulars listed in Article 3(1) points 1, 4 and 5 need be given.