The design of Nespresso‘s coffee capsules is no longer protected in the Benelux: competitors are allowed to create and sell capsules that fit in the coffee brand’s machines.
Lost monopoly
Nespresso owner Nestlé loses its monopoly on the capsules for Nespresso coffee machines, following a ruling from the Brussels Court of Appeal. The company had registered the three-dimensional design of the capsules, but competitors Mondelez and Kraft started a legal battle against that protection in 2013. They stated that European law prohibits a company from obtaining a monopoly based on technical features.
The Brussels Commercial Court had already judged against the protection, and now the Court of Appeal follows that decision, Belgian business newspaper De Tijd writes. As a result, competitors can now start selling their own capsules in the Benelux.
Nestlé has already voiced its disappointment: “We respectfully disagree with the court’s assessment. We are reviewing the ruling in detail and considering our legal options.”
