Hoogenraad & Haak wins pudding case for De Natuurhoeve!
Tuesday, April 24, 2012
Dairy Producer De Natuurhoeve from Benschop has won an important case against Mona (FrieslandCampina). The Arnhem Court of Appeal decided today in the appeal of this lawsuit. At stake was the shape of the pudding cup of De Natuurhoeve. This company supplies pudding under private label to supermarkets Albert Heijn, Lidl, and its own brand GENIET (‘Enjoy’) to Hoogvliet and Coop. FrieslandCampina found that the cup of De Natuurhoeve was too similar too her Mona cup. The Court followed last year’s Judge in Utrecht: the pudding shape of De Natuurhoeve does not correspond to the Mona cup. The cup does not infringe the trademark rights of Mona and is neither a “slavish imitation” of the Mona cup: “The consumer at the shelf will – also in a superficial and quick glance – quickly notice the difference.” FrieslandCampina should compensate all costs of De Natuurhoeve in connection with this procedure.
Mariska Lekkerkerker, responsible for the marketing of De Natuurhoeve is very pleased with this verdict: “We wanted to develop our own, recognizable shape. That took us a long time. And of course our pudding cup have arches: that way people can recognize it as pudding. The court has clearly decided that Mona can not monopolize these traditional arches. Finally, we can now again concentrate on what we do best: create beautiful and well-flavoured puddings. We are already working on a new flavor.” Listen here to the radio report on RTV Utrecht.
The flag shall be flown at the family business, which was also last week very positive in the news because of its sustainability program Duurzame Weidezuivel (‘Sustainable Meadow-Dairy’).
De Natuurhoeve was in this case represented by Maarten Haak and Eva Rog-den Ouden, trademark lawyers.
Click here for pictures of the puddings.
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