Product imitation and counterfeiting is not only a problem in the fashion industry. In fact it is occuring more and more frequently in many industries including that of food and drink.
Nespresso recently filed a lawsuit against Libretto, a New York coffee company for
infringing on their trademark and won.
According to Courthouse News, in 2014, Libretto had launched a range of coffee pods, similar to those of the luxury coffee brand, but made of plastic instead of aluminium. Furthermore, the Libretto capsules were delivered in similar packaging and were branded with the phrase “Nespresso compatible” in the original company’s well known font, used without their consent.
infringing on their trademark and won.
According to Courthouse News, in 2014, Libretto had launched a range of coffee pods, similar to those of the luxury coffee brand, but made of plastic instead of aluminium. Furthermore, the Libretto capsules were delivered in similar packaging and were branded with the phrase “Nespresso compatible” in the original company’s well known font, used without their consent.
In November 2015, the court ruled in Nespresso’s favour by default as the New York-based company did not respond to the accusation. However, it is clear to see that Libretto was in violation of Nespresso’s trademark rights since their similar brand would have caused confusion in the marketplace for consumers as to whom the company was affiliated with.
A trademark is a worthwhile investment as it will protect your brand and allow you to enforce your trademark rights over other companies that may infringe upon your mark. However, just having the trademark is not enough. Like Nespresso you would also need to police your market for potential infringements and then be prepared to act on them when they do arise.
For advice and more information on searching, acquiring, registering and enforcing Trademarks please visit our website, http://www.lipex.com.
Our unique database of trademarks for sale or license could save you time and help protect your brand.
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