M&M and M?

Mars may be banned from selling M&M’s in Sweden, and will likely face heavy fines if it sells M&M’s in Sweden beyond this month, unless it appeals a recent court ruling in a trademark dispute with Mondelēz International (former Kraft Foods).
Last week, the Stockholm Court of Appeal ruled that Mars will be fined EUR 250.000 each time it sells candy or chocolate in the Swedish market under the M&M’s name. The reason? Mondelēz subsidiary Kraft Foods Sverige’s has a trademark for ‘M’, one of its chocolate-covered peanut products.
Mars is still studying the ruling: “Given the court’s decision we will assess the next steps for our beloved brand in Sweden. We will of course comply with all local laws in this matter. M&M’s have been a popular treat globally since 1941 and Mars has always believed no confusion exists between its product and the M Peanut Brand.”
The chocolate peanut row between Mars and Mondelēz dates back seven years, when Mondelēz sought to cancel Mars’ M&M’s trademark. Mondelēz’s M has been sold in Sweden since 1957. Mars introduced M&M’s Chocolate and Peanut products to the Swedish market in 2009. Mondelēz alleges Mars made an offer to buy its M trademark in 2007.
Mars has until June 30 to appeal the case.

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Erwin Hauër

“Hope is not a strategy.”



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