De Natuurhoeve wins packaging case against FrieslandCampina

The shape of the ready-made pudding made by dairy farm De Natuurhoeve and FrieslandCampina’s pudding packaging for its MONA brand are sufficiently different. De Natuurhoeve delivers its pudding a.o. to large supermarket chains Albert Heijn and Lidl, which sell the pudding under their own private labels. The Interlocutory Court decided on 6 July 2011 that De Natuurhoeve’s packaging does not infringe on the Mona shape marks (pictured left): no similarity, so no risk of confusion or detriment to the trademarks. The packaging cannot be deemed a ‘slavish imitation’ of the Mona packaging either. The court denied the claimed cease order and FrieslandCampina was ordered to compensate the costs made by De Natuurhoeve.
Mariska Lekkerkerker, De Natuurhoeve’s marketing manager, is very happy with this result: “We have always done our best to be distinctive. Our pudding cup strongly differs from the one used by Mona. But the consumer must be able to see that it concerns pudding, so any pudding needs these classic bows.”
FrieslandCampina has appealed against the judgment.
De Natuurhoeve is represented by Maarten Haak, Eva den Ouden and Daan van Eek.

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