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The Netherlands
Netherlands District Court affirms Kraft's right in the Toblerone "triangle shape trademark"
The District Court of the Netherlands, recognised confectionery maker Kraft's right in its triangle shape packaging for the Toblerone confectionery product notwithstanding the fact that it is a basic geometrical shape. Competitor Mars failed in its attempt to introduce a new triangular packaging for its chocolate brand 'Wave' , when the court held that Kraft, through its use of the triangular shape packaging for its Toblerone product since 1908, had acquired distinctiveness for the shape.