TRADEMARK | Court of Rome invalidates Müller’s two-compartment yoghurt pot 3D trademark

On 30 July 2026, the Court of Rome issued its decision No. 11758/2026 concerning the validity of Müller’s Italian 3D trademark for the shape of its two-compartment yoghurt pot. The dispute arose after Müller challenged the marketing by an Italian dairy producer of similarly shaped yoghurt pots and contacted some of its retail customers alleging trademark infringement. The Italian dairy producer subsequently initiated proceedings seeking the invalidation of Müller’s 3D trademark. The Court of Rome held that the two-compartment configuration was entirely driven by technical and functional requirements, as it allowed yoghurt and solid ingredients to remain separate until consumption while facilitating their subsequent mixing. Importantly, the existence of alternative shapes capable of achieving the same technical result did not prevent the application of the functionality exclusion under Article 9(1)(b) of the Italian Intellectual Property Code. The Court of Rome also held that acquired distinctiveness or secondary meaning cannot overcome the functionality exclusion, irrespective of the degree of recognition of the shape among consumers. In addition, it found that comparable two-compartment packaging had already been widely used on the Italian market before Müller’s filing, resulting in a lack of novelty. The Court of Rome therefore invalidated Müller’s 3D trademark and dismissed the related infringement and unfair competition claims.

Newsletter n. 121 – August/September 2026