Capri Sun wins trade mark dispute: Infringement of 3D trade marks

Sandart & Partners represented Capri Sun AG in a trade mark dispute against F-S.L Food AB, regarding infringement of Capri Sun’s 3D trade marks.

The Capri Sun Group sells fruit juice drinks in specially designed pouches, under the trade mark “Capri-Sun” with inter alia the flavours Orange and Multivitamin. Capri Sun’s pouch packagings are registered as a 3D trade marks with effect throughout the EU (EU trade marks). Capri Sun's beverages are sold in more than 100 countries.

On 1 December 2021, the Swedish Patent and Market Court (PMC) prohibited F-S.L Food – under a penalty of a fine of 500 000 SEK – to sell beverages in certain pouch packagings. The PMD also declared that F-S.L Food shall pay reasonable compensation to Capri Sun for the use of Capri Sun’s EU trade marks.

In its judgment, the PMD deemed that Capri Sun’s EU trade marks – through long-term and extensive use – have acquired a reinforced strength as trade marks, and thus have a broader scope of protection. Furthermore, the PMD found that the beverages sold by F-S.L Food – under the name Tropic King – were similar to Capri Sun’s EU trade marks to such an extent that there was a likelihood of confusion.

The judgment has become final.


Anders Kylhammar

David Ramsjö

The Swedish Patent and Market Court’s judgment, case no. PMT 5917-20 (in Swedish) Pdf, 26.6 MB, opens in new window.