War over a yoghurt pot: a 3D trademark dispute


Joanna Pilka

War over a yoghurt pot: a 3D trademark dispute

Arguments about distinctiveness, functionality and technical features were important parts of a battle over packaging, as Joanna Pilka reports.

Bakoma, a Polish producer of dairy products, succeeded in invalidating Danone’s three-dimensional trademark in Poland on April 8 this year. This battle was won by Bakoma in a war over a yoghurt pot.

The trademark in question is a bicapsular container used by Danone for yoghurt with fruit or chocolate additives that is sold in Poland under the trade name Fantazja.

Some time ago, Danone sued Bakoma for trademark infringement, arguing that Bakoma was using a similar product packaging to Danone’s line of yoghurt, on a product called Frutica. At the same time Danone filed a request for invalidation of Bakoma’s registered Community designs nos. 000972740-0001 and 000972740-0002 for the Frutica yoghurt packaging.

Polish Patent Office, 3D trademark, Community Design, OHIM,