Swiss food and drink giant Nestlé has been ordered by a European court to rebrand its plant-based Incredible Burger following a legal challenge from US alternative meat start-up Impossible Foods, MarketWatch reported on 2 June.
Following the ruling by the District Court in The Hague that Nestlé had infringed on Impossible Foods’ trademarks and could confuse customers, the company was ordered to change the name of is Garden Gourmet Incredible Burger across the EU.
Nestlé was given four weeks to withdraw the old product name from retail shelves or face a daily fine of €25,000 (US$28,293).
“We are disappointed by this provisional ruling as it is our belief that anyone should be able to use descriptive terms such as ‘incredible’ that explain the qualities of a product. We will of course abide by this decision, but in parallel, we will file an appeal,” a Nestlé spokesperson said in an e-mailed statement to MarketWatch.
Following the ruling Nestlé’s ‘Incredible Burger’, which launched in April 2019 and is sold in 15 countries across Europe, will be renamed the Garden Gourmet Sensational Burger across the EU. The burger is made from soya and wheat protein and natural plant extracts.
Impossible Foods had filed for an injunction in The Hague after similar requests lodged in Germany’s regional courts in Frankfurt and Hamburg were understood to have failed, MarketWatch reported.
The US firm’s signature Impossible Burger was launched in 2016 and this was followed by its Impossible Pork range in January 2020.
Impossible Foods uses soya protein, coconut and sunflower oils, and soya leghemoglobin in its plant-based products.