US challenger brand Impossible Foods has filed an injunction against the Swiss food company for trademark infringement
Nestle brand

Nestlé is gearing up for appealing the ruling of a Dutch court that prohibits the Swiss food giant from selling its plant-based burgers in Europe under the Incredible Burger. The branding was challenged by plant-based meat alternative maker Impossible Foods.

The District Court in The Hague granted an injunction filed by Impossible Foods to prevent Nestlé from marketing its burgers as ‘Incredible’. The challenger brand argued the brand name bore a strong visual, phonetic and conceptual resemblance to the US company’s trademark, leading consumers to confusion.

The KitKat manufacturer was given our weeks to withdraw its products from shelves or face a daily fine of €25,000.

“We are disappointed by this provisional ruling as it is our belief that anyone should be able to use descriptive terms such as ‘incredible’ that explain the qualities of a product. We will, of course, abide by this decision, but in parallel, we will file an appeal,” Nestlé told Reuters.

The Swiss food giant said it would rebrand its plant-based burgers to ‘Sensational Burgers’.

Impossible Foods challenged Nestlé’s branding as the California company is moving ahead with its plans to sell in Europe.

The company filed for EU approval of its leghemoglobin, a genetically modified ingredient that is key to making the Impossible Burgers bleed, mimicking the animal protein.

The European Food Safety Authority is yet to make a decision on the case.

Date published: 3 June 2020

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