The Court of first instance shared this opinion in 2008, however, in 2010 the Appeal Court judged differently. The shape of the trademark differs significantly from other chocolates. Furthermore, the shape of the chocolate does not determine its relative value.
The relative value of chocolate is determined by its taste and substance, not by its attractive shape. Conclusion: Revillon’s shape mark is valid. Since Trianon’s chocolate is identical there is an infringement. Trianon was forbidden to use her chocolate and ordered to pay the Legal expenses of Revillon, totaling over € 95.000,-.
