Yoplait has been granted a High Court injunction preventing a rival from next week launching an allegedly confusingly similar product to its “Skyr” natural yoghurt.
Yoplait Ireland Ltd is suing Nutricia Ireland Ltd, the Irish subsidiary of Danone, over alleged “passing off” the product.
Yoplait claims that the “get up”, or packaging, of the Danone Skyr “Icelandic style” yoghurt is so similar to the Yoplait “Skyr” product that consumers are likely to be confused when shopping.
Yoplait claims Danone is piggybacking on the goodwill it has built up to sell its product and engaging in an unfair competitive tactic in doing so.
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Nutricia argued Yoplait did not meet the requirements for an injunction and failed to provide any evidence of confusion among consumers.
On Friday, Mr Justice Max Barrett said he was satisfied to grant an injunction restraining Nutricia from passing off certain Danone products as those of Yoplait by placing them on the market in Ireland with a get up that is confusingly similar to the Yoplait products.
At a hearing over the injunction application earlier this week, which Nutricia opposed, the court heard both products are marketed as zero fat, high protein, low or no sugar with low calorie content based on Icelandic-style yoghurt recipes.
Yoplait launched its Skyr in 2022 while there has been Danone Skyr product in France for a number of years but Yoplait says the French packaging was distinctly different from the Yoplait Skyr.
When Nutricia launched in the UK in February last, Yoplait says the Danone product was packaged in a similar style to Yoplait product using a similar distinctive blue colour and a white mountain or iceberg while the size of the tub containers was also similar.
Nutricia disputed the claims and said Yoplait failed to meet the requirements for an injunction. Yoplait also had not provided any evidence of consumer confusion, it said.
In his judgment, Mr Justice Barrett said as far as the established test in relation to similar products was concerned, it was the “sheer blueness (with white as the background colour) that jumps out when one looks at the Yoplait and Danone containers that are issue”.
Looked at side by side in a supermarket fridge, as the court had been shown in photos, this colour trait predominated, he said.
In one photo, the “blueness of the competing Yoplait/Danone products is so pronounced that it is difficult to tell them apart in a picture,” he said.
He was satisfied the balance of convenience favoured maintaining the status quo until the full hearing of the action has been determined.
He was also satisfied that in the absence of an injunction, and where Yoplait wins its main action, that the awarding of damages would not be an adequate remedy for the plaintiff firm.
