Yogiboost have been serving up delicious frozen dairy treats in Sweden since 2013. A few months into trading though they were faced with a trade mark infringement and passing off claim by Arla Food – a huge dairy product producer with billions in annual turnover. Big pockets, big problem.
Arla based the claim on its registration of the mark ‘Yoggi’, which it uses predominantly for yoghurt products. Yogiboost came out triumphant. It was a complicated case but importantly, Yogiboost were able to demonstrate with surveys that consumers were not confused between the two marks. Also, they had no intention of passing off as Arla’s Yoggi – Yogiboost is a young, vibrant brand that would not want to be associated with Arla’s brand originating in the 1970s.
Arla were also ordered to make a £50,000 payment towards Yogiboost’s legal costs.
These David vs Goliath cases are Briffa’s speciality. We work to keep fees down and manage costs, enabling hard working businesses to protect their interests.
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