Economy. A drawn-candy battle is settled. Marabou retired with victory and rival March colorful chocolate balls M & amp; M may no longer be sold in Sweden.
The Swedish Marabou Classic M, which existed since 1957, has chased away the double M: one from the Swedish market, according to Dagens Media. The Court of Appeal has ruled on the dispute to the Marabu advantage.
Marabou owners Mondelez want to suspend elaborate on the judgment and its consequences, but said in a written comment that “we are pleased with Court decisions, as our brands are very valuable for us. “
sued rival
Until 1998, the Marabou an agreement with the US chocolate giant in March that the company was not allowed to sell their chocolate balls in Scandinavia and Finland. When Mars then launched M & amp; M in Sweden some years ago sued Mondelez 2010 March for deceptive counterfeiting and passing off.
In the Market won in March but both the District Court and the Svea Court of Appeal has arrived that it is a trade mark infringement.
Can go to HD
to the courts come to different ruling is not surprising, according to Magnus Ahlgren, General Counsel for the design and branding unit on PRV (patent and trademark Office).
– it is not unusual that the same phenomenon leads to different results in marketing law and trademark law, because it is not completely identical trials, he says said.
M & amp; M stopped now on the Swedish market from 30 June unless the March proceeding to the Supreme Court with its chocolate balls. If HD declines to take up the case, the prohibition is a fact.
Magnus Ahlgren would not comment on the chance that HD take up the matter, because he does not read the verdict, but adds
– in principle, it should be an important point of law to HD should grant leave to appeal.
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