Awapatent and Yogiboost win trademark case against Arla
Awapatent’s Attorneys at law Kristina Fredlund and Fredrik Lüning have won the dispute on Yogiboost’s behalf after Arla sued the frozen yogurt chain for allegedly infringing their trademark Yoggi. The judgment was handed down on Tuesday 18 October in Sweden’s National Patent and Market Appeal Court.
“This has been David versus Goliath, says Kristina Fredlund.
“I never believed that the two trademarks could be easily confused even if they had been offering the same kind of product. The reality is that Arla offers a dairy product you find in the grocery shop and Yogiboost is a frozen yogurt chain, which makes the difference between the businesses even more obvious.”
“The case has involved several interesting legal questions for instance the extended protection for trademarks with a reputation. We have put a great effort into explaining to the court Yogiboost’s branding and market position, and that Arla does not have anything to worry about. We were successful in this regard,” says Fredrik Lüning.
Arla originally sued Yogiboost back in May 2014. The case was tried in the District Court of Stockholm a year ago where the court ruled in the favour of Yogiboost but the judgment was later appealed by Arla. It has however now been decided that the latest judgment cannot be further appealed.