The shape of NESPRESSO capsules can be freely reproduced. The Swiss Federal Court rejected Nestlé’s appeal aimed to prohibit the sale of similar coffee capsules by the company Ethical Coffee. The invalidity of Nestlé’s three-dimensional trademark pronounced by the Cantonal Court is confirmed, this time not for lack of distinctive character, but because of the technical necessity of the capsule shape. Although other similar shapes are technically possible, they do not produce a capsule that can be used in the same way and with the same effectiveness.
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Cancellation of NESPRESSO’s 3D mark on the shape of its coffee capsules
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