CLASS 46
Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
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THURSDAY, 28 MAY 2009
KitKat Pop Choc trade dress not confusingly similar to Maltesers, rules Swiss Supreme Court
In 2006, Mars, owner of the Maltesers brand, obtained a preliminary injunction against the sale of Nestlé's KitKat Pop Chocs in Switzerland. In the proceedings on the merits, however, the Commercial Court of Aargau found that the trade dress of the KitKat Pop Choc was not likely to cause confusion with the Maltesers' look. In a carefully reasoned 50-page decision, the Commercial Court mainly took issue with the survey evidence submitted by Mars.
The Federal Supreme Court has now dismissed Mars' appeal against the judgment. The reasons have not been published yet; I will post a summary once they are available (usually 2-3 months after the judgment is handed down).
Posted by: Mark Schweizer @ 05.53
Tags: Switzerland, trade dress,
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KitKat Pop Choc trade dress not confusingly similar to Maltesers, rules Swiss Supreme Court
In 2006, Mars, owner of the Maltesers brand, obtained a preliminary injunction against the sale of Nestlé's KitKat Pop Chocs in Switzerland. In the proceedings on the merits, however, the Commercial Court of Aargau found that the trade dress of the KitKat Pop Choc was not likely to cause confusion with the Maltesers' look. In a carefully reasoned 50-page decision, the Commercial Court mainly took issue with the survey evidence submitted by Mars.The Federal Supreme Court has now dismissed Mars' appeal against the judgment. The reasons have not been published yet; I will post a summary once they are available (usually 2-3 months after the judgment is handed down).
Tags: Switzerland, trade dress,
Sharing on Social Media? Use the link below...Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA1097
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