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July 1, 2016

m&m’s in Sweden?

Zacco has successfully represented Mondelez in Sweden against Mars Inc and their registrations of “m&m’s” and use of the signs “m” and “m&m’s”.

In a recent decision from the Svea Court of Appeals the use of “m” and m&m” by Mars was concluded to infringe the established right to a stylised “m” in the name of Mondelez. Mars was by the decision prohibited from using “m” or m&m’s” in Sweden. An appeal to the Supreme court was filed by Mars on June 28 but whether or not there actually will be Supreme court proceedings is depending on if a  leave for appeal is granted. If a leave for appeal is not granted the prohibition against the use of “m” or “m&m” will stand with the consequence that products marked “m” or “m&m’s” from Mars should be not available on the Swedish market.                  

The Zacco representation for Mondelez at the Svea Court of Appeals was performed by Bengt Eliasson and Marcus Eilenberg.

Before the recent decision by the Svea Courts of Appeal, Bengt Eliasson also successfully represented Mondelez against Mars Inc in a case where Svea Court of Appeals found likelihood of confusion to exist and where Mars registrations for “m&m” were cancelled in view of the established right in the stylised “m” of Mondelez. 

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