German gummy candy maker HARIBO has lost a lawsuit over trademark rights related to bear-shaped gummies. The lawsuit was filed by South Korean gummy brand WeenyBeeny, operated by CMX, to confirm that it was not infringing on HARIBO's trademark. The court ruled in favor of CMX.
The dispute began in September 2022 when HARIBO demanded that CMX, Nestlé, and other companies selling bear-shaped gummies in South Korea stop sales, claiming trademark infringement. In response, CMX filed a negative scope confirmation trial with the Intellectual Property Tribunal in 2023 to determine whether its bear-shaped gummies violated HARIBO’s trademark rights.
Initially, the tribunal ruled in HARIBO’s favor, stating that WeenyBeeny’s bear-shaped gummies gave a similar impression to HARIBO’s products. However, the Patent Court later overturned this decision, ruling that simply having a bear shape does not constitute trademark infringement.
The court emphasized the differences in design and sales methods between HARIBO and CMX, stating that when assessing whether consumers might be confused about a product’s origin, factors such as packaging and brand name must be considered in addition to shape. The court concluded that consumers recognize brands through the logos displayed on packaging rather than just the gummy’s shape.
Unhappy with the ruling, HARIBO has appealed the decision to the Supreme Court.
Viewer Comments:
There are tons of bear-shaped snacks out there.
Yeah, they do look similar, but I guess it’s allowed.
From a user’s perspective, it doesn’t really matter, but I bet it actually affects sales.
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