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No confusion about soups, says Swiss court
In a not so recent, but recently published, decision the Commercial Court of Aargau found no likelihood of confusion between the tradedress of Knorr's "Graziella" soup and Bon Chef's "Grisella" soup. In summary proceedings - Knorr had asked for an interim injunction - the court ruled that the individual elements of the trade dress were not distinctive and the word marks used clearly different.
Knorr could not claim a monopoly over the colour green for bags of soup, and also not of the placement of the word mark in the top left corner, the depiction of a plate of soup and the ingredients of the soup on the packaging. "Graziella" and "Grisella" were both obvious plays on the main ingredient of the soups, barley ("Gerste" in German). Bon Chef did not imitate Knorr, but chose an obvious combination of elements in the public domain.
Tags: interim relief, Switzerland, trade dress,
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