Trademarks are not just logos or words. Other signs can also be registered as trademarks. Think of a shape (like the Coca-Cola bottle) or a sound (used by film companies). Even the design of packaging can be claimed as a trademark, granting the owner a monopoly on its use. Trademark infringement cases revolve around whether the signs are sufficiently similar, but how extensive is this trademark protection?
The plaintiff has registered the design of its MIESZKO cherry chocolate box as a trademark. When Nestlé introduces a similar package, objections arise. Both packages prominently feature a large red cherry in chocolate liquid. The background color in both cases is purple, gradually transitioning to pink. Consumers typically buy these products without much attention in supermarkets. The designs resemble each other closely enough that consumers might think the products originate from the same source. Hence, infringement.
“Nonsense,” argues the opposing party. The plaintiff sells products under the MIESZKO brand, whereas they use the PASSION mark. Additionally, the terms “cherry” and “cherrissimo” differ. The gradient of the colors is distinct (not radiating from the center). The layout differs, with the cherry and the words “PASSION” and “cherry” positioned differently. The design is sufficiently distinct, and the claim should be dismissed.
Who is right and why?
