Companies are prevented from offering for sale coffee capsules compatible with the coffee machine Nescafé Dolce Gusto
Based on its Brazilian patent and industrial design registrations relating to the Nescafé Dolce Gusto beverage system, Nestlé filed a lawsuit to prevent defendants from marketing and offering for sale coffee capsules compatible with its Nescafé Dolce Gusto machine1. In their defense, the defendants reported that the capsules were being sold in the European market without any resistance by the plaintiff.
Judge Tom Alexandre Brandão of the 2nd Civil Court of the Central Jurisdiction of São Paulo found patent infringement, which triggered the payment of damages by defendants. According to the judge, Nestlé was not required to prove actual damage because it would be intrinsic to the infringement and resulted from the seriousness of the offending fact itself. The court granted the injunction and ordered the defendants to refrain from importing and offering for sale coffee capsules compatible with machines of the Nescafé Dolce Gusto’s system.
For more information, in Portuguese, please visit https://www.migalhas.com.br/quentes/321207/empresas-sao-impedidas-de-comercializarem-capsulas-de-cafe-compativeis-com-outra-marca
1 Lawsuit No. 1055248-66.2016.8.26.0100