No protection of trade dress „MAGNUM DOUBLE“

Neither the form nor the design of the icecream MAGNUM DOUBLE enjoys protection under the Austrian Law against Unfair competition.

The manufacturer of the icecream MAGNUM DOUBLE sued against Gelatelli DOUBLE without success (in the summary proceedings).

The form of the MAGNUM DOUBLE with its three layers of chocolate was owed to technical reasons.  DOUBLE was considered descriptive (for a three layer icecream) and the rest of the packaging lacked distinctiveness.

Consequently, the Court, in its decision 4Ob 80/19x of July 5, 2019 did not believe, that the related fields, in their memory, associate the attacked Gelatelli DOUBLE with MAGNUM DOUBLE or with the plaintiff.

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