The front of MIESZKO’s cherry bonbon packaging is registered as an EU trademark. When Nestlé launched a similar package, Mieszko objected. Both packages feature a big red cherry dropping into chocolate, with a purple background fading into pink. Nestlé called this nonsense. The brands PASSION and MIESZKO are totally different, the words “cherry” and “cherrissimo” aren’t the same, and the color gradients and layouts differ.
The court found the products identical, and the use of color and cherries very similar. “Cherry” and “cherrissimo” are also alike, and PASSION is hardly distinctive (it just describes the taste sensation). Since consumers don’t pay much attention to everyday products like these, the packages can easily be confused. Result: Nestlé’s trademark was rightly refused.
