Court rules for Nestlé in Mars copycat pack challenge
Simeon Goldstein, packagingnews.co.uk, 27 May 2009
Nestlé will not have to change the packaging for KitKat Pop Choc after Switzerland’s federal court ruled it was unlikely to be confused with Maltesers.
According to Swiss media, rival Mars had sought to convince the court the red Pop Choc packaging was similar to its Maltesers pack and grounds for confusion between the two brands.
Despite both products being packaged in a red bag showing the round chocolate sweets, the federal court in Lausanne ruled that the logos and images of the chocolate balls were sufficiently different so as to avoid confusion between the two products.
The case had previously appeared before the commercial court in Aargau that also decided there were no grounds for confusion.
Neither firm was available for comment at the time of publication.
