Haribo take action against Spanish alcoholic bear sweets

25.02.20

We don't have an equivalent law of unfair competition here in the UK. Passing off is as close as it gets, which depends on a damaging misrepresentation of some kind of commercial connection with a brand/product that has achieved a degree of goodwill. Often a tougher ask than proving unfair competition.

Even so, it looks like one of the UK retailers referred to in the article, Sugarsin, has also scrapped the bear design. Coincidence? I see they've also changed the "Prosecco" label which is a separate issue, likely with the Prosecco Consortium.

It can be difficult to stand up to legal action as a startup, which is why it's so important to get your DD right before entering a new market.

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