Pernigotti wins the case: the “Pepitas” are imitations and must be withdrawn from the market

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Pernigotti and Walcor, recently acquired by JP Morgan, have won the case against ‘Pepitas’, an Italian operator in the confectionery industry which has produced and marketed packs of chocolate bars with whole hazelnuts with a design that can be confused with that of original Pernigotti branded products. The court of Rome has accepted the urgent requests brought by the two companies, and with a precautionary measure the judge Laura Centofanti has inhibited their use. The judge also ordered the withdrawal from the market of the products bearing this packaging and of the promotional material.

Even in the absence of a simultaneous counterfeiting of the trademark, the court still considered the conduct of the Pepitas trademark to be anti-competitive: in fact, the competitor’s packaging had features that were clearly similar and had characteristics that were completely similar to Pernigotti chocolate. The Pepitas case also demonstrates that Italian sounding is not an exclusively foreign phenomenon: in short, Italian operators also contribute to the 100 billion euros in value of fake products. Satisfied Luigi Leonetti, commercial director of Pernigotti and Walcor: «Our strategy will be to protect and defend our brands and commercial assets in every location, always and everywhere. With zero tolerance for any attempt at emulation or plagiarism in Italy and abroad».