Nespresso has opened a new front in the coffee pod Intellectual Property (IP) wars.
Coffee pods have become ubiquitous and their manufacturers have been attempting for years to defend intellectual property rights they claim to have in pod design and function.
In April 2021, Nespresso was sued by German coffee giant Kruger in Federal District Court in Los Angeles for allegedly infringing three patents related to its coffee pod extraction technology. That case continues.
In September 2021, the Swiss Federal Supreme Court ruled against Nespresso’s attempt to garner trademark protection for its coffee pod design, finding that its pods had an “ordinary” and “unmemorable” shape.
Keurig has failed to maintain similar claims related to its iconic coffee pods, famously losing a 2011 patent suit against Rogers Family Company, LLC where it attempted to prevent other manufacturers from producing pods for its popular machines.
Now Nespresso USA, Inc. has gone on the offensive once again against Peet’s Coffee, Inc., arguing in Federal District Court in Manhattan that Peet’s coffee pod design violates its trademark rights. Nespresso’s recent claim alleges that Peet’s coffee pods are “nearly identical” to its own, mimicking Nespresso pod’s “cone-like” shape and incorporating substantially similar “frustoconical” tops, opaque colors, and other elements. And Nespresso contends that Peet’s confuses customers by advertising that its pods are compatible with Nespresso machines, allegedly leading customers to believe that Peet’s pods are connected with the Nespresso brand.
Indeed, the suit alleges that Peet’s advertising has already caused customer confusion, listing a number of online product reviews where customers refer to Peet’s pods as Nespresso pods.
A spokesperson for Nespresso said the company had “spent many years and invested millions of dollars” developing its “unique experience”. The spokesperson further commented that Peet’s refused to stop infringing on Nespresso’s asserted trademark rights after being asked to do so.
Along with the suit, Nespresso has applied for Federal trademark registration for its coffee pod design. Nespresso asked the Court to award it profits Peet’s acquired from its allegedly infringing pods as well as triple damages. Peet’s has yet to comment on the suit.
Thus far, courts have shown little interest in giving any one company an edge in the coffee pod IP dispute.
To ensure effective registration and enforcement of your trademarks, consult with a skilled and experienced intellectual property attorney who has expertise in searching for and submitting mobile app trademarks. If you need assistance with filing a trademark application and/or enforcement of your trademark rights, contact the skilled team at The Myers Law Group.