Nutella upset with Nugtella

Nutella’s choco paste is world famous. It is being sold in over 190 countries and has a very distinctive packaging. Ferrero has registered the name NUTELLA, as well as the logo, packaging, and certain elements of the packaging as trademarks in order to protect the unique look and feel of the brand.

Californian company Organicers recently introduced NUGTELLA, a hazelnut paste with added marihuana. Not just the name is similar, the packaging and design is as good as identical as well. The only difference is that the costs are significantly higher, $ 25.- per jar. Ferrero has stated to do whatever they can to end this infringement. In light of recent case law, especially regarding coat tale riding and well know trademarks, the case seems clear cut in Ferrero’s favor. There is a large chance Organicers have already removed the product from the market.

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PURE - MENTOS

MENTOS has been selling chewing gum under the name MENTOS PURE FRESH for several years. In order to protect her rights MENTOS has registered the following trademarks: the logo MENTOS PURE FRESH, the logo MENTOS PURE FRESH 3 and a figurative depiction of the word PURE. Defendant sells chewing gum under the trademark DENTYNE PURE and has registered its logo as a trademark. Infringement or not?
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