Sep 24, 2021

Are Mondelez “Milka” it?

Mondelez is a multinational confectionery company famous for its branded “Milka” chocolate. Mondelez has recently alleged that Nurture Brands, a London based company and its Primal Pantry healthy snack bar is infringing the registered trade mark of its Milka lilac colour which is used on its chocolate bar range.

Nurture Brands’ Primal Pantry healthy snack bar was launched in 2016 with a variety of coloured packaging so to have good differentiation when stocked on a shop shelf. It is alleged that Mondelez has requested Nurture Brands to stop using the colour purple for its packaging, warning Nurture Brands that a penalty of £5,200 is incurred for each time the mark is infringed. It is alleged that Mondelez has given Nurture Brands a six month period to change the packaging, however, Nurture Brands has denied that its use of the colour purple is the same or even close to the lilac colour used by the Milka brand range and unless Mondelez can prove that the colour used on the Primal Pantry healthy bar snack is in the range of Milka, than Nurture Brands will not be disposing of its products in the EU. Nurture Brands estimate that it would cost it between £30,000 & £50,000 to recall all the allegedly infringing products.

If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.

Posted by: Megan Walker in: EU/International, Legal News, Trade Marks

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