The principle of Freedom to copy: the Unfair Competition Act provides no protection for the form and packaging of "MAGNUM DOUBLE" ice cream
The plaintiff sells and distributes "MAGNUM DOUBLE" ice creams on a stick. In the present case, the plaintiff filed a complaint to object to the fact that the defendant had adopted the oval form of the original ice cream product, which is characterised by three layers in total, namely (i) a layer of icing containing cocoa, (ii) a soft layer with a filling in a variety of flavours, and (iii) a layer of chocolate. The plaintiff also wished to prohibit the defendant from offering its product under the name "Gelatelli DOUBLE" or "DOUBLE" by using a font and font colour likely to cause a likelihood of confusion with MAGNUM DOUBLE.