By Matthijs Smit··an average:
from right to left
Supermarket Plus may continue to sell cheese slicers from the Klaverland cheese brand. According to the company that previously supplied Plus with cheese slicers, the supermarket and the new supplier are infringing on its intellectual property rights. The judge disagrees.
This is evidenced by the ruling of the Central Netherlands Court, which was announced yesterday.
End of cooperation
Kitchenware Manufacturer Bosca for food tools Bodegraven has been supplying cheese slicers, cheese graters and butter knives to the supermarket chain Plus since 2009. The cooperation ended last year.
Not long after, there were cheese slicers and knives from another supplier in the store that, according to Bosca, looked suspiciously similar to the company’s marginalized products. In addition to marketing new cheese slicers under the brand ClaverlandWhich is also used in cheese made specifically for supermarket chains.
In a post on Linkedin, the new supplier wrote enthusiastically about the collaboration with Plus late last year. “It’s a beautiful range of products that we have Really proud It can reach.”
To the judge
Bosca alert plus and supplier Moreno International From Barn to remove the products from shelves immediately. The supermarket chain then temporarily removed the items from its range and entered into discussions with Boska. When those discussions came to nothing, the South Holland-based kitchen equipment manufacturer filed a summary lawsuit.
Boska argued before the first relief judge in Utrecht with all sorts of examples that the designs of the cheese slicers and butter knives had their own “look and feel” because of their design, which had been copied by the new supplier. Since this violated Boska’s copyright, the company demanded that the competitor stop delivering to the supermarket chain.
To ensure this actually happens, Bosca asked the judge to impose a penalty. This is a type of fine that must be paid if the company does not comply with the court’s ruling.
“vulgar and trivial”
In turn, the new supplier argued in court that the designs of the cheese slicers and knives were not copied, pointing to numerous examples of similar products on the market.
According to Moreno, the controversial product designs are the result of “artistic and functional principles” and are “so banal or trivial” that they do not involve any creative work. Therefore, they would not qualify for copyright protection.
Bosca holds the bones
What was published yesterday pronunciation Boska was found to have been dismissed by a judge last week. The initial relief judge in Utrecht ruled that the designs of the disputed materials were not distinctive enough to qualify for copyright protection. The judge noted that “there are many cheese slicers, cheese graters and cheese dispensers on the market that are very similar to Boska’s products.”
This means the new supplier can continue to supply cheese slicers to Plus. The supermarket chain shows sales It has now actually started again. “It is true that cheese slicers are back in stores. We do not make any external statements about this,” retailer spokeswoman Felicity Neiman confirmed to RTL Z.
‘shameless’
Marcel Trauw, Boska’s head of innovation, says the company is considering the next legal steps. “We have not yet commented on the outcome of the summary proceedings, because we are considering the possibility of an appeal very seriously,” he said. “It is clear that at Boska we are doing everything we can to protect our brand against shameless copycats.”
Supplier Moreno and his attorney, Craig Willey, were unable to comment on the ruling this morning.