Cocoa Luxury v. Kraft Foods

MLL successfully represented Cocoa Luxury in the dispute.

In August, the founder Vernon Stuber from Bern (Switzerland) launched a new chocolate bar, Swissone. Right at the start, he received an mail from Mondelez International. The US group claims there is a risk of confusion with its own product Toblerone and Stuber would exploit Toblerone’s good reputation with Swissone.

Stuber rejects these allegations, because the shape of the chocolate bar is not angular like the “mountains” of Toblerone, but round and curved like waves and dunes. The shape was developed in collaboration with an industrial designer from Bern and aims to be non-angular and easily broken off.

In addition to the shape and packaging, the name itself is also arguable. Like Toblerone, Swissone ends with the syllable “one”.

Swissone is manufactured by Bernrain in Switzerland. In addition to shape, name and packaging, it also differs from Toblerone in many other ways. The chocolate has a higher proportion of cocoa and should be less sensitive to heat. In addition, Swissone is packed in a compostable film. There are currently three types, a milk chocolate with 48 percent cocoa, a milk chocolate with honey and almond brittle and a dark chocolate with 70 percent cocoa.

The Commercial Court of the Canton of Bern concluded that Cocoa Luxury’s chocolate bars do not infringe Kraft Foods‘ rights and dismissed the PI application.

The MLL team included Simon Holzer (Picture), Renato Bucher and Anna Karczewski.

Involved fees earner: Renato Bucher – MeyerLustenberger Lachenal; Simon Holzer – MeyerLustenberger Lachenal;

Law Firms: MeyerLustenberger Lachenal;

Clients: Cocoa Luxury;