Nespresso, who else?

Nestle coffee cups are a worldwide success. In order to gain a profit competing companies will often offer a comparable product under their own name. Swiss Retailer Denner was no exception.  

Nestle, however, took all the precautionary steps in protecting her interests. The shape of her capsules had been protected as a shape mark. During interlocutory procedures the court decided that Denner’s product was an infringement on Nestle’s trademark rights.

The shape of the capsule was not determined entirely by its technical application. Although the two capsules were not identical up to 50 % of the consumers associated Denner’s capsules with Nestle. As a result Denner was prohibited to sell her coffee cups.


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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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