Legal action has been initiated in the Federal Court of
Australia between Koninklijke Douwe Egberts BV ("KDE")
and Jacobs Douwe Egberts AU Pty Ltd ("JDE"), as the
applicants, with respect to the coffee brand, Moccona, against
Cantarella Bros Pty Ltd ("Vittoria"), as the respondent,
in relation to promoting and selling freeze-dried coffee under the
Vittoria brand in a glass jar.
KDE is the registered owner of a three-dimensional shape trade
mark in the form of a glass jar and lid,1 and JDE is
alleged to be the authorised user in Australia of the trade
mark.2 The applicants claim that they have advertised
and sold coffee products in a clear glass jar since at least 1960,
including under the Moccona brand and have alleged that Vittoria
has engaged in infringement by marketing and selling freeze-dried
coffee under the Vittoria brand in a glass jar that is
"deceptively similar" to KDE's trade
mark.3 Vittoria has been further accused of engaging in
the tort of passing
