On May 28, 2008, the First Instance Court of Paris retained unfair competition while comparing two butter clumps. For the judge, the two clumps had the same overall aspects: the two butters beard an identical weight and diameter, a two parts packaging with the same sized round basis, used the same plastic materials and identical colours and the dome had the same allure and diameter on both products.
The surrounding circumstances relating thereto were also taken into account. The plaintiff’s butter clumps had indeed been elected milk product of year. Also, the highly similar packaging and presentations lead some supermarkets to distribute the sued party products rather than the plaintiff’s products. This decision intervened after a five years legal battle on the competent Court.
The proceeding indeed involved non-commercial companies which had no trademarks. The High Court ended considering the sole competence of the Instance Courts. One million Euros were granted to the plaintiff as an account on damages with an expertise being also ordered.