Questione giuridica chiave
Whether the defendants' packaging created a likelihood of confusion under Art. 3 lit. d UWG
Decisione estratta
No. The overall impression of the products also included the packaging display and the clearly different lids/labels, so the risk of confusion was excluded.
Motivazione estratta
For confusion, the decisive factor is the overall impression on the average consumer. The court accepted that presentation in the sales display may be considered. Here the lids were visible and attention was directed to product information such as expiry date and flavour. Because the lid designs, product names, and the DANONE mark differed clearly, the overall impression was sufficiently distinct despite similar plastic cups.