Their defense: the packaging is not a trademark and we clearly use adifferent name. The court disagrees. There is a recognizable cardboard banderole around the transparent round plastic cup. The ingredients are displayed in a cartoonish style using shades of purple and green on a white background. This packaging is distinctive and consumers recognize this as a brand.
The newcomer’s packaging is visually similar, causing consumers to mistake as to the origin of the product.
Because the former producer deliberately aims to take advantage of the original product’s success a prohibition follows with a penalty payment of up to € 500,000, as well as litigation costs (approx. € 37,000).
