Unilever Plc v. Kerry Group Plc

Unilever Plc

Case details

Plaintiff: Unilever Plc

Defendant: Kerry Group Plc

Case no.: O/408/00

Jurisdiction: United Kingdom

Industry: Retail

Decision date: 07 Dec, 2000

Decision

The opposition was based on the opponents’ use and registrations of the mark "I CAN’T BELIEVE IT'S NOT BUTTER". At the outset the Hearing Officer dismissed the Section 3(3)(a) and Section 3(4) grounds. Under Section 5(2), following a lengthy consideration of the matter, the Hearing Officer was not persuaded that there was a likelihood of confusion. The opposition under Section 3(3)(b) failed also, as did the Section 3(6) ground (there is no ground of opposition under Section 32(3)).

Comparison of Trademarks

"I CAN’T BELIEVE IT'S NOT BUTTER"

"YOU'D BUTTER BELIEVE IT"