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Brazil Court Temporarily Bars Nestlé From Using 'Coffee+' After Coffee++ Wins Injunction

Brazil Court Temporarily Bars Nestlé From Using 'Coffee+' After Coffee++ Wins Injunction
FILE PHOTO: A logo of food giant Nestle is seen in a building in Orbe, Switzerland, February 9, 2024. REUTERS/Denis Balibouse/File Photo

A Minas Gerais court granted a provisional injunction ordering Nestlé to stop using the Coffee+ brand after finding a risk of consumer confusion with Brazilian firm Coffee++. The ruling requires removal of Coffee+ products from physical and online sales and warns of unspecified fines for noncompliance. Coffee++ says it has held the trademark since 2020, has registrations in 30+ countries and plans trade-fair expansion to Dubai and Paris in 2026. Nestlé filed a suit on Sept. 24 seeking to invalidate the Coffee++ trademark; it has not yet commented.

A court in Minas Gerais, Brazil, has granted a provisional injunction in favor of domestic coffee company Coffee++, ordering Nestlé to stop using the Coffee+ brand while the dispute continues, according to a court document reviewed by Reuters.

Judge Cites Risk Of Consumer Confusion

Judge Claudia Helena Batista approved Coffee++'s request on Wednesday, saying the Brazilian company could suffer harm from likely consumer confusion between the two marks. The ruling requires Nestlé to remove products bearing the Coffee+ logo from physical stores and online points of sale and warns that unspecified fines could be imposed for noncompliance.

"The defendant's (Nestlé's) use of an identical mark belonging to the plaintiff could cause harm to the applicant, given that it may generate confusion among the general consuming public," Batista wrote in the decision.

Coffee++ Response And Background

Coffee++ said it has held the trademark since 2020 for products in the coffee segment and has registered the brand in more than 30 countries, including the European Union, Japan and Argentina. The company is preparing for international expansion and plans to attend trade fairs in Dubai and Paris in 2026.

"We will fight to the end to defend what we have built with legitimacy, hard work and love for Brazil's coffee. What is at stake is not only Coffee++. We are defending the sovereignty of Brazilian brands," Coffee++ CEO and partner Leonardo Montesanto said.

Coffee++ says it first attempted to resolve the matter out of court. Instead, it says Nestlé filed a lawsuit on Sept. 24 seeking to invalidate the Coffee++ trademark in Brazil. Nestlé did not immediately respond to requests for comment.

The injunction is provisional and the case will proceed through the courts. Reporting by Roberto Samora in Sao Paulo; writing by Oliver Griffin; editing by Matthew Lewis.

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