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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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TUESDAY, 16 JUNE 2009
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.

Hmmm. Yes, the trade dress of the "Knorr" soups is not particularly original. But "Bon Chef" took not just some elements, but pretty much everything except the word mark. Was this really necessary? To what end, if not to profit from the reputation of Knorr, would a competitor get this close to another one's trade dress? Point of note: GRAZIELLA is registered as a word mark for soups in the name of Knorr since 1974.

Posted by: Mark Schweizer @ 15.22
Tags: interim relief, Switzerland, trade dress,
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