By Jessica Yun
Vittoria has won its legal battle against the second-largest coffee company in the world, which picked a fight against the Australian brand over its instant coffee glass jar packaging, arguing that it was passing off Moccona’s “iconic” jar shape.
Justice Michael Wheelahan dismissed the claims of Moccona’s maker – the $15 billion American-Dutch coffee giant Jacobs Douwe Egberts (JDE) – saying that there was little chance consumers couldn’t tell the difference between the two brands.
Moccona’s parent company sued over Vittoria’s 400g instant coffee glass jar – and Vittoria has won.Credit: Jason South
JDE had claimed that Vittoria’s 400g glass jar, used to sell freeze-dried instant coffee, has engaged in misleading and deceptive conduct and that consumers might mistake Vittoria’s products for Moccona.
In his judgment delivered on Thursday, Justice Wheelahan said the Moccona jar had a “fairly squat body” that sits beneath a “slowly sloping shoulder and a tall lid” which makes up about a third of the jar’s overall height.
Meanwhile, he said, customers would see the Vittoria jar as “noticeably taller in its proportions, with a compressed neck section, and a plain, low lid”.
“I do not consider there to be a real, tangible risk that a notional buyer, with a recollection only of the [Moccona] shape mark’s rough proportions and general shape, would be perplexed, mixed up, caused to wonder, or left in doubt, about whether instant coffee sold in the [Vittoria] jar shape has the same commercial source as coffee sold in the [Moccona] shape mark,” Justice Wheelahan stated.
“I conclude that the [Vittoria] jar shape is not deceptively similar to the [Moccona] shape mark. On this basis, too, I find that the applicants’ infringement case must fail.”
This masthead first revealed that JDE, which also manufactures L’Or Espresso, Pickwicks tea, Piazza D’Oro and more, launched Federal Court proceedings against Vittoria in February last year. Sold in Australia since 1960, Moccona has made its jar a distinguishing feature of the brand, featuring it in film ads and limited edition designs without any Moccona branding.
Vittoria Coffee, which launched instant coffee in supermarkets during the pandemic in mid-2021, had argued that its billboard and newspaper ads of the 400g jar instant coffee was emblazoned with Vittoria’s branding and logo and could not be confused with Moccona.
Vittoria chief executive Les Schirato said the court battle, which has run for nearly two years, has been a strain on the company and was very happy with the judgment.
Australian coffee tzar and Vittoria boss Les Schirato in 2019.Credit: James Brickwood
“We’re elated. We’re relieved, we’re excited,” he told this masthead. “We’re a family business, and we’re fighting the biggest coffee company in the world.
“Vittoria’s served in the best cafes and restaurants and five-star hotels. The last thing I would want to do is be passing off on the Moccona instant coffee reputation. It’s just not something I would ever want. It doesn’t make sense.”
A spokesperson for JDE said the company was pleased the Federal Court had upheld the exclusivity of Moccona’s trademarked jar but was reviewing the decision carefully.
“We are disappointed with the finding that the Moccona Jar trademark was not infringed. It is our firm belief that, while competition is a healthy and important part of Australia’s vibrant coffee scene, competition must be fair,” the spokesperson said.
“The thousands of Australians who enjoy Moccona rely on our products being identifiable and recognisable, and our customers deserve that transparency, instead of lookalike products on shelf.”
A directions hearing will be held next Friday where the court will assess how costs should be determined.
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