Latest news with #DanoneSkyr
BreakingNews.ie
02-05-2025
- Business
- BreakingNews.ie
Yoplait gets injunction stopping Danone launching allegedly similar yoghurt product
Yoplait has been granted a High Court injunction preventing a rival from next week launching an allegedly confusingly similar product to its 'Skyr' natural yoghurt. Yoplait Ireland Ltd is suing Nutricia Ireland Ltd, the Irish subsidiary of Danone, over alleged "passing off" the product. Advertisement Yoplait claims that the "get up", or packaging, of the Danone Skyr "Icelandic style" yoghurt is so similar to Yoplait "Skyr" product that consumers are likely to be confused when shopping. Yoplait claims Danone is piggybacking on the goodwill it has built up in its product to sell its product and engaging in an unfair competitive tactic in doing so. Nutricia argued Yoplait did not meet the requirements for an injunction and failed to provide any evidence of confusion among consumers. On Friday, Mr Justice Max Barrett said he was satisfied to grant an injunction restraining Nutricia from passing off certain Danone products as those of Yoplait by placing them on the market in Ireland with a get up that is confusingly similar to the Yoplait products. Advertisement At a hearing over the injunction application earlier this week, which Nutricia opposed, the court heard both products are marketed as zero fat, high protein, low or no sugar with low calorie content based on Icelandic-style yoghurt recipes. Yoplait launched its Skyr in 2022 while there has been Danone Skyr product in France for a number of years but Yoplait says the French packaging was distinctly different from the Yoplait Skyr. When Nutricia launched in the UK in February last, Yoplait says the Danone product was packaged in a similar style to Yoplait product using a similar distinctive blue colour and a white mountain or iceberg while the size of the tub containers was also similar. Nutricia disputed the claims and said Yoplait failed to meet the requirements for an injunction. Yoplait also had not provided any evidence of consumer confusion, it said. Advertisement In his judgment, Mr Justice Barrett said as far as the established test in relation to similar products was concerned, it was the "sheer blueness (with white as the background colour) that jumps out when one looks at the Yoplait and Danone containers that are issue". Ireland Calls for extra gardaí to police Rathkeale after f... Read More Looked at side by side in a supermarket fridge, as the court had been shown in photos, this colour trait predominated, he said. In one photo, the "blueness of the competing Yoplait/Danone products is so pronounced that it is difficult to tell them apart in a picture," he said. He was satisfied the balance of convenience favoured maintaining the status quo until the full hearing of the action has been determined. He was also satisfied that in the absence of an injunction, and where Yoplait wins its main action, that the awarding of damages would not be an adequate remedy for the plaintiff firm.
Irish Times
02-05-2025
- Business
- Irish Times
Yoplait secures injunction against launch of allegedly similar yogurt
Yoplait has been granted a High Court injunction preventing a rival from next week launching an allegedly confusingly similar product to its 'Skyr' natural yoghurt. Yoplait Ireland Ltd is suing Nutricia Ireland Ltd, the Irish subsidiary of Danone, over alleged 'passing off' the product. Yoplait claims that the 'get up', or packaging, of the Danone Skyr 'Icelandic style' yoghurt is so similar to the Yoplait 'Skyr' product that consumers are likely to be confused when shopping. Yoplait claims Danone is piggybacking on the goodwill it has built up to sell its product and engaging in an unfair competitive tactic in doing so. READ MORE Nutricia argued Yoplait did not meet the requirements for an injunction and failed to provide any evidence of confusion among consumers. On Friday, Mr Justice Max Barrett said he was satisfied to grant an injunction restraining Nutricia from passing off certain Danone products as those of Yoplait by placing them on the market in Ireland with a get up that is confusingly similar to the Yoplait products. At a hearing over the injunction application earlier this week, which Nutricia opposed, the court heard both products are marketed as zero fat, high protein, low or no sugar with low calorie content based on Icelandic-style yoghurt recipes. Yoplait launched its Skyr in 2022 while there has been Danone Skyr product in France for a number of years but Yoplait says the French packaging was distinctly different from the Yoplait Skyr. When Nutricia launched in the UK in February last, Yoplait says the Danone product was packaged in a similar style to Yoplait product using a similar distinctive blue colour and a white mountain or iceberg while the size of the tub containers was also similar. Nutricia disputed the claims and said Yoplait failed to meet the requirements for an injunction. Yoplait also had not provided any evidence of consumer confusion, it said. In his judgment, Mr Justice Barrett said as far as the established test in relation to similar products was concerned, it was the 'sheer blueness (with white as the background colour) that jumps out when one looks at the Yoplait and Danone containers that are issue'. Looked at side by side in a supermarket fridge, as the court had been shown in photos, this colour trait predominated, he said. In one photo, the 'blueness of the competing Yoplait/Danone products is so pronounced that it is difficult to tell them apart in a picture,' he said. He was satisfied the balance of convenience favoured maintaining the status quo until the full hearing of the action has been determined. He was also satisfied that in the absence of an injunction, and where Yoplait wins its main action, that the awarding of damages would not be an adequate remedy for the plaintiff firm.
BreakingNews.ie
29-04-2025
- Business
- BreakingNews.ie
Yoplait seeks injunction over next week's Danone ‘Skyr' launch in Ireland
Yoplait is seeking a High Court injunction over a rival's plans for an Irish launch next week of an allegedly confusingly similar product to its 'Skyr' natural yoghurt. Yoplait Ireland Ltd is suing Nutricia Ireland Ltd, the Irish subsidiary of Danone, over alleged "passing off" the product. Advertisement Yoplait claims that the "get up", or packaging, of the Danone Skyr "Icelandic style" yoghurt is so similar to Yoplait "Skyr" product that consumers are likely to be confused when shopping. Yoplait claims Danone is piggybacking on the goodwill it has built up in its product to sell its product and engaging in an unfair competitive tactic in doing so. On Tuesday, Yoplait sought an injunction, pending full hearing of its passing off claim, preventing Nutricia from launching its Danone product with the intended similar get up which is already available in the UK market. Nutricia denies the claims and opposes the injunction application. Advertisement The case came before Mr Justice Max Barrett who admitted the case to the court's competition list on consent between the parties. The judge said he would give his decision on Friday. Opening the injunction application, Kelley Smith SC, for Yoplait, said the defendant intends to launch in Ireland on May 6 with what is a "confusingly similar get up". Both products are marketed as zero-fat, high-protein, low or no-sugar with low-calorie content based on Icelandic-style yoghurt recipes. Advertisement Yoplait launched its Skyr in 2022 and is the leading supplier of the product in the Irish market, counsel said. Yoplait has a "significant mental" and "strong physical" availability among consumers, she said. Danone has had a Skyr product in France for a number of years but the packaging was distinctly different from the Yoplait Skyr, she said. When it launched in the UK in February last, the Danone product was packaged in a similar style to the Yoplait product using a similar distinctive blue colour and a white mountain or iceberg, she said. The size of the tub containers used by both are very similar also, she said. Advertisement Surveys have shown consumers typically spend five seconds or less on choosing a product, and they rely on colours and layouts to make their choice, she said. Michael Cush SC, for the defendant, argued Yoplait failed to meet the requirements for an injunction, including in relation a number of factual matters. These included that Yoplait had withdrawn its challenge to the bottle version of the Danone product and was now only disputing the get up of the tubs. There was an absence of any evidence of confusion among consumers other than reference to the existence of the similar Danone Skyr product in Belgium, which has been on the market since last October, he said. Advertisement Ireland Election candidate avoids jail after threatening G... Read More Counsel said the question must be asked as to why this issue had not been raised in Belgium since October. The court heard Yoplait had said it would bring proceedings in that country. There was also an absence of contradictory expert evidence from Yoplait in relation to Nutrica's expert evidence that the risk of confusion was improbable, he said. A survey of consumers carried out by Yoplait did not advance its case at all, he said. There were also significant differences in relation to the packaging, including darker blue on Yoplait than Danone, shape of the larger tubs, lettering and graphics, he said.
Irish Examiner
29-04-2025
- Business
- Irish Examiner
Yoplait seeks injunction over next week's Danone ‘Skyr' launch in Ireland
Yoplait is seeking a High Court injunction over a rival's plans for an Irish launch next week of an allegedly confusingly similar product to its 'Skyr' natural yoghurt. Yoplait Ireland Ltd is suing Nutricia Ireland Ltd, the Irish subsidiary of Danone, over alleged 'passing off' the product. Yoplait claims that the 'get-up', or packaging, of the Danone Skyr 'Icelandic style' yoghurt is so similar to Yoplait 'Skyr' product that consumers are likely to be confused when shopping. Yoplait claims Danone is piggybacking on the goodwill it has built up in its product, and engaging in an unfair competitive tactic in doing so. On Tuesday, Yoplait sought an injunction — pending full hearing of its passing off claim — preventing Nutricia from launching its Danone product with the intended similar get-up which is already available in British markets. Nutricia denies the claims and opposes the injunction application. The case came before Mr Justice Max Barrett, who admitted the case to the court's competition list on consent between the parties. The judge said he would give his decision on Friday. Opening the injunction application, Kelley Smith SC, for Yoplait, said the defendant intends to launch in Ireland on May 6 with what is a 'confusingly similar get-up'. Both products are marketed as zero fat, high protein, low or no sugar with low calorie content, and based on Icelandic-style yoghurt recipes. Yoplait launched its Skyr in 2022, and is the leading supplier of the product in the Irish market, counsel said. Yoplait has a 'significant mental' and 'strong physical' availability among consumers, she said. Danone has had a Skyr product in France for a number of years, but the packaging was distinctly different from the Yoplait Skyr, she said. When it launched in Britain in February, the Danone product was packaged in a similar style to Yoplait product — using a similar distinctive blue colour and a white mountain or iceberg — she said. The size of the tub containers used by both are very similar too, she added. Five seconds spent choosing product Surveys have shown consumers typically spend five seconds or less on choosing a product, and they rely on colours and layouts to make their choice, she said. Michael Cush SC, for the defendant, said Yoplait failed to meet the requirements for an injunction — including on a number of factual matters. These included that Yoplait had withdrawn its challenge to the bottle version of the Danone product, and was now only disputing the get-up of the tubs. There was an absence of any evidence of confusion among consumers other than reference to the existence of the similar Danone Skyr product in Belgium, which has been on the market since last October, he said. Counsel said the question must be asked as to why this issue had not been raised in Belgium since October. The court heard Yoplait had said it would bring proceedings in that country. There was also an absence of contradictory expert evidence from Yoplait in relation to Nutricia's expert evidence that the risk of confusion was improbable, he said. A survey of consumers carried out by Yoplait did not advance its case at all, he said. There were also significant differences in relation to the packaging — including darker blue on Yoplait than Danone, the shape of the larger tubs, the lettering and graphics, he said.
Irish Times
29-04-2025
- Business
- Irish Times
Yoplait seeks injunction over next week's Danone ‘Skyr' launch in Ireland
Yoplait is seeking a High Court injunction over a rival's plans for an Irish launch next week of an allegedly confusingly similar product to its 'Skyr' natural yoghurt. Yoplait Ireland Ltd is suing Nutricia Ireland Ltd, the Irish subsidiary of Danone, over alleged 'passing off' the product. Yoplait claims that the 'get up', or packaging, of the Danone Skyr 'Icelandic style' yoghurt is so similar to Yoplait 'Skyr' product that consumers are likely to be confused when shopping. Yoplait claims Danone is piggybacking on the goodwill it has built up in its product to sell its product and engaging in an unfair competitive tactic in doing so. READ MORE On Tuesday, Yoplait sought an injunction, pending full hearing of its passing off claim, preventing Nutricia from launching its Danone product with the intended similar get up which is already available in the UK market. Nutricia denies the claims and opposes the injunction application. The case came before Mr Justice Max Barrett who admitted the case to the court's competition list on consent between the parties. The judge said he would give his decision on Friday. Opening the injunction application, Kelley Smith SC, for Yoplait, said the defendant intends to launch in Ireland on May 6 with what is a 'confusingly similar get up'. Both products are marketed as zero fat, high protein, low or no sugar with low calorie content based on an Icelandic-style yoghurt recipes. Yoplait launched its Skyr in 2022 and is the leading supplier of the product in the Irish market, counsel said. Yoplait has a 'significant mental' and 'strong physical' availability among consumers, she said. Danone has had a Skyr product in France for a number of years but the packaging was distinctly different from the Yoplait Skyr, she said. When it launched in the UK in February last, the Danone product was packaged in a similar style to Yoplait product using a similar distinctive blue colour and a white mountain or iceberg, she said. The size of the tub containers used by both are very similar also, she said. Surveys have shown consumers typically spend five seconds or less on choosing a product and they rely on colours and layouts to make their choice, she said. Michael Cush SC, for the defendant, argued Yoplait failed to meet the requirements for an injunction including in relation a number of factual matters. These included that Yoplait had withdrawn its challenge to the bottle version of the Danone product and was now only disputing the get up of the tubs. There was an absence of any evidence of confusion among consumers other than reference to the existence of the similar Danone Skyr product in Belgium which has been on the market since last October, he said. Counsel said the question must be asked as to why this issue had not been raised in Belgium since October. The court heard Yoplait had said it would bring proceedings in that country. There was also an absence of contradictory expert evidence from Yoplait in relation to Nutrica's expert evidence that the risk of confusion was improbable, he said. A survey of consumers carried out by Yoplait did not advance its case at all, he said. There were also significant differences in relation to the packaging including darker blue on Yoplait than Danone, shape of the larger tubs, lettering and graphics, he said.
