The Stockholm District Court on Friday ruled against Swedish Match AB in their two year legal battle against V2 Tobacco A/S over the inocuous round snus can. Swedish Match had previously registered the round loose snus can with recessed lid as a brand; claiming V2 had infringed on that trademark and could not use round snus cans for their product.
The Court's ruling invalidates Swedish Match brand no. 0405255, the mark consisting only of a round box without text and has no distinctive character.
The Court also ordered Swedish Match to pay V2 Tobacco 1.69MM SEK (approximately $256,812.00) on each of two counts or a total of $513,624.00.
In 2011, Swedish Match had also gone after British American Tobacco (BAT) and Swedmax Tobacco Ltd, a very small company in Mariestad who sold do-it-yourself snus kits over the round can trademark issue.
Ironically, Swedish Match began introducing a new version of their portion snus can with hinged catch lids in 2013. Both used snus catch lids and hinged catch lids were created by Gallaher Group; now JTI Tobacco.
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