Packaging of “Futurinhos Black” cookies does not infringe Oreo’s trade dress.
In a recent judgment, the 6th Civil Chamber of Paraná State Court decided that the packaging of “Futurinhos Black” cookies, produced by GL Indústria e Distribuição de Alimentos SA, does not violate the trade dress of the famous Oreo cookies.
After the preliminary injunction determining the interruption of the commercialization and publicity of “Futurinhos Black” cookie, for alleged violation of trade dress, the defendant filed an interlocutory appeal with a preliminary request to suspend the effects of the decision and also its reform.
When analyzing the case, Paraná State Court understood that the preliminary injunction could not have been granted based only on the visual comparison of the products, considering that “the case in question is about a specific niche, where products tend, invariably, to follow a market pattern with the same colors and similar images”.
In addition, the reporter judge of the appeal pointed out that “chocolate cookies with vanilla filling -, it seems that there would, in fact, be a market standard, consisting in the use of similar packaging, predominantly in blue and white colors, containing the image of the cookie, which invariably has the same black color and white filling ”. This decision is not final.
Interlocutory Appeal No. 0051225-77.2019.8.16.0000