Robert Flury of IP Law Firm first clarifies that the packaging is not a copy. The Aldi packaging is blue and rectangular, Toblerone is sold in the familiar yellow-beige, oblong boxes.
Mondelez could have more chances of success with a lawsuit regarding the name. Although the first syllable is different, the ending could be an argument for reputation exploitation, says Flury.
Swissone had already filed a lawsuit against the chocolate bar in 2020. The reason here was the “based on the shape of the Toblerone”, as lawyer Sebastian Saissi (also IP Law Firm) explains. However, the lawsuit was not successful.
Note d. Editor: The lawyers argue here based on the legal situation in Switzerland. However, the Aldi product is only sold in Germany.
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