Judgment
On April 1, 2026, the court ruled that there is a significant degree of similarity between the two packages. Among other things, the judge pointed to the red bar at the top and bottom with blue in between; the white letters outlined in red; the open frame in the center; and the boy in blue trousers who appears to be surfing on a pool of milk. The court concluded that there is a risk that consumers may confuse the packages. Trademark infringement, therefore, was the conclusion.
Inspiration is allowed
Did I get the quiz question right? Hmm, I’m not entirely sure—it’s not that easy. Of course, there’s no doubt that the owner of Sefinem “took inspiration” from Yumurcak’s packaging design. After all, you don’t just independently come up with a boy surfing on a pool of milk. But it’s also important to realize that, under trademark law, a certain degree of inspiration and imitation is allowed—as long as it doesn’t create confusion.
Confusion
According to the court, however, this goes beyond mere “inspiration,” and there is indeed a risk of consumer confusion. It also matters that the products are exactly the same (cheese sticks) and that the surfing boy is the most distinctive element of the packaging. It is not known whether Sefinem will appeal.
Bas Kist
Banner Photo by Towfiqu barbhuiya on Unsplash
