Friday, 24 September 2021

Milka Trademark Battle

 
A multinational confectionery company has threatened legal action against a London vegan snack maker over the colour of one of its fruit bars. Mondelez alleges that the Primary Pantry's cocoa bar "exploits" the trademark of its Milka chocolate range. Lawyers for Mondelez are demanding the use of lilac packaging for the bar must stop, warning of a £5,200 penalty each time the trademark is infringed. Nurture Brands, which owns the Primal Pantry, denies "hurting" the trademark. The snack bars were launched in 2016 in a range of colours so that "they have good differentiation on a shelf together", said Adam Draper, managing director of Nurture Brands. "We don't think it is the same colour or even in the same spectrum," Mr Draper added.The BBC understands that Mondelez has given Nurture Brands six months to change the packaging. To recall the products and remove all packaging currently in circulation could cost between £30,000 and £50,000 "without factoring in all the fines", Mr Draper estimates.  A spokeswoman for Mondelez said: "We own a colour trademark in Europe for the distinctive lilac Milka colour for food products. "As a matter of practice, to protect the values of our brands which we have worked hard to build over hundreds of years, we express our concerns to third parties when we feel they are using a protected brand element.