The manufacturer of TUC biscuits (General Biscuits) successfully objected to the packaging of a competitive biscuit Apéro (manufacturer Hoppe). According to the District Court of The Hague the consumer may be confused by the similarity. Again it appears that filing packaging as a trademark can contribute towards protection of design.
The District Court remarks that it concerns supermarket products that are purchased without much thought and further consideration. The average consumer is therefore easily led by the visual impact of the packaging. We were already aware of this rule from the olive oil case Carbonell / La Espanola. Visually the Apéro packaging resembles the TUC packaging branding: the colours used and colour composition (yellow background, white letters outlined in red and blue surface) and the biscuits spread out on top of each other. The fact that APERO is written in large letters does not make the packaging adequately distinguishable. The other differences are also not enough to compensate the risk of confusion.
General Biscuits invoked a Community Trademark and therefore was awarded an injunction for the entire European Union. Hoppe had to remove the Apéro packaging from the shelves. It also had to show which companies were involved in the production, import, export and sale of the infringing package. To be continued.
Eva Rog – den Ouden, trademark law in the Netherlands
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The manufacturer of TUC biscuits (General Biscuits) successfully objected to the packaging of a competitive biscuit Apéro (manufacturer Hoppe). According to the District Court of The Hague the consumer may be confused by the similarity. Again it appears that filing packaging as a trademark can contribute towards protection of design.
The District Court remarks that it concerns supermarket products that are purchased without much thought and further consideration. The average consumer is therefore easily led by the visual impact of the packaging. We were already aware of this rule from the olive oil case Carbonell / La Espanola. Visually the Apéro packaging resembles the TUC packaging branding: the colours used and colour composition (yellow background, white letters outlined in red and blue surface) and the biscuits spread out on top of each other. The fact that APERO is written in large letters does not make the packaging adequately distinguishable. The other differences are also not enough to compensate the risk of confusion.
General Biscuits invoked a Community Trademark and therefore was awarded an injunction for the entire European Union. Hoppe had to remove the Apéro packaging from the shelves. It also had to show which companies were involved in the production, import, export and sale of the infringing package. To be continued.
Eva Rog – den Ouden, trademark law in the Netherlands