Australian family-owned company Vittoria Coffee has won a trademark lawsuit against Jacobs Douwe Egberts (JDE), one of the world’s leading coffee companies and parent of Moccona.
The Federal Court of Australia recently dismissed all of JDE’s claims about Vittoria’s 400g Freeze Dried Instant Coffee jar. The American-Dutch coffee giant, which also owns Campos, L’Or, Harris and Sacred Grounds, launched the proceedings last February.
JDE accused Vittoria of engaging in misleading and deceptive conduct and infringing its trademark rights, stating that consumers might mistake Vittoria’s coffee jar for Moccona.
According to the Sydney Morning Herald, Justice Wheelahan did not consider there to be a risk that buyers would be mixed up between the two products.
The Moccona jar has a “fairly squat body, slowly sloping shoulder and a tall lid” while the Vittoria jar is “noticeably taller in its proportions, with a compressed neck section, and a plain, low lid”, Wheelahan said.
In a statement, Vittoria said the legal action cost it a “significant amount in legal fees” and that “very few family-owned coffee companies would have been able to afford such litigation”.
“Vittoria’s 400g Freeze Dried Instant Coffee jar provides fair competition in a 400g market segment that had been dominated by Douwe Egberts for many years.
“…The issue of trying to pass off on Moccona’s instant coffee reputation is not something Vittoria would ever want.”
The firm also thanked consumers who wrote and posted online providing their support and comments in relation to the legal battle.
A JDE spokesperson told the Herald that the company was “disappointed” with the judgment.
“The thousands of Australians who enjoy Moccona rely on our products being identifiable and recognisable, and our customers deserve that transparency, instead of lookalike products on shelf,” the spokesperson said.
