EU court rules taste of food cannot be trademarked

The European Union's highest court hasn't fallen under the spell of Dutch witches' cheese.

The European Court of Justice said Tuesday that "the taste of a food product cannot be identified with precision of objectivity" and ruled that it is "not eligible for copyright protection."

It was asked for a ruling by a Dutch court seeking advice in a case where Levola, the producer of "Heksenkaas," or witches' cheese, wanted its spreadable dip protected from copycats.

A competitor had brought "Witte Wievenkaas," or white women's cheese, on the market four years ago, and Levola said that cheese dip was a reproduction.

Unlike books, movies, songs and the like, the EU's highest court said the taste of food depends on sensations and experiences, "which are subjective and variable."