The Brussels Court of Appeal has ruled in a case between Aldi and InBev, which concerns an accusation that Aldi infringed InBev’s rights over Jupiler trademark in a way contrary to fair commercial practices.
The Court, however, has concluded that there is no infringement at the case in hand because of the following:
- Both products are sold in different sales channels. In case of Buval, the beer is sold only in Aldi’s stores, whereas, in case of Jupiler, the product is sold everywhere with exception of Aldi’s stores. The Court did not find any post-sales confusion, which occurs at the point of consumption rather than purchase;
- The consumers have become used to the red, black and white colors in relation to various brewers;
- The consumers have become used to the use of shields and animals with regard to beer packaging by various brewers.
Source: CMS Belgium, Lexology.