Victory For Barilla: Supreme Court Finds Competitor's Packaging Confusingly Similar

• Barilla obtained temporary injunction preventing Rami Levy from marketing pasta products in blue packaging
• Focus should be on general impression given by products
• Barilla was entitled to protect overall impression created by combination of visual elements

The Supreme Court has issued its decision in a dispute over the alleged existence of a visual resemblance between pasta packages (Store Chain of Rami Levy Hashikma Marketing 2006 Ltd v Barilla Ger Fratelli SpA (LCA 1065.18, LCA 1521.18), published on Nevo on April 22 2018).

Background

In Barilla v Rami Levy, the company Barilla filed a motion for a temporary injunction against retail company Rami Levy, requesting that the latter be ordered to cease marketing pasta under its private label in blue packaging similar to Barilla's own packaging, and to stop marketing pasta sauces in jars with blue tops.