The case relates to Yoplait’s Skyr yoghurt range, which the dairy company claims Danone has copied with its own product.
Skyr yoghurt originates from Iceland and is made with skimmed milk and added bacteria cultures.
“We can confirm that Yoplait Ireland has issued proceedings in the High Court against Nutricia Ireland (Danone) in relation to the passing off of its Yoplait Skyr yoghurt range,” said Andrew Burke, general manager for Yoplait Ireland.
“We will leave it to the courts to resolve this matter.”
Meanwhile, a spokesperson for Danone said: “Danone notes the legal proceedings initiated by Yoplait in Ireland - as a matter of course, we do not comment on such ongoing proceedings.”
According to the Irish Independent, the case was lodged earlier this month and is up for mention in the Commercial Court on 29 April.
Food Manufacture has reached out to the Commercial Court in Ireland for comment.
The Yoplait Skyr range was introduced in Ireland in September 2022 and is now sold by most major retailers, while it is currently being rolled out in the UK as Skyr Natural.
Yoplait tends to specialise in children’s yoghurt, with products such as Petits Filous and Frubes part of its portfolio. The firm is owned by French dairy cooperative Sodiaal, which acquired it from General Mills in 2021.
Meanwhile, Danone is a global food and beverage company headquartered in France, specialising in dairy, water and specialised nutrition products. Its owns brand such as Alpro, Activia and Evian.
Reacting to the news, Euan Duncan, a partner at Morton Fraser MacRoberts LLP, said that the lawsuit was a reminder of the risks that food and drink firms face when “product design starts to blur the line between inspiration and imitation”.
“Claims of passing off and trade mark infringement often arise where the appearance of a product or its branding creates an association in the consumer’s mind with an established brand – not necessarily because of the name alone, but through the overall impression given,” Duncan told Food Manufacture.
“With Skyr forming a central part of Yoplait’s expansion strategy, this dispute highlights how critical it is for food and drink businesses with key brands to invest in a robust IP strategy that covers not just names and logos, but the full consumer experience – from packaging and colour schemes to how a product is positioned on the shelf or in promotional materials.”
