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Haribo loses trademark fight with Cmix in gummy bear battle

Published: 13 Mar. 2025, 13:24 Updated: 13 Mar. 2025, 14:13

Haribo's Goldbaren [JOONGANGILBO]

German confectionery maker Haribo has lost a legal battle over trademark rights for its flagship gummy bear after the Korean Patent Court determined that Cmix’s product was not a copy of Haribo’s jelly.

According to a report by the Korea Economic Daily on Wednesday, the Korean Patent Court ruled on Feb. 14 in favor of Cmix — the company behind the pick-and-mix confectionery store Weeny Beeny — in a case against Haribo over alleged trademark infringement. Cmix had asked the court to determine whether its bear-shaped jelly violated Haribo’s trademark rights.

The dispute began in September 2022 when Haribo sent documents to companies distributing bear-shaped jellies in Korea, including Cmix and Nestlé, claiming their products infringed on its gummy bear design.

Cmix, in response, filed a case with the Korean Intellectual Property Office (KIPO) in 2023 to confirm the scope of a patent, seeking a ruling that its bear-shaped jellies did not violate Haribo’s trademark rights.

KIPO sided with Haribo, stating that Weeny Beeny’s bear gummies gave “a similar impression to Haribo’s products.”

Weeny Beeny's bear-shaped jellies [SCREEN CAPTURE]

The patent court, however, overturned that decision, ruling that the similarity in bear shape alone did not constitute trademark infringement, while also stressing that a product must closely resemble another's design down to the most minor details to be considered an infringement.

The court noted that Haribo’s gummy bear features a big smiling face, an upright posture and a chunky outline, while Cmix’s gummy bear has an expressionless face, a sitting posture and a more rounded outline.

The court also considered how the products are sold.

“When determining the likelihood of consumer misunderstanding or having confusion regarding the origin of a product, it is necessary to assess not only its physical appearance but also its packaging and branding,” the court said.

Weeny Beeny sells its gummies in a pick-and-mix format, where consumers select different types of jellies and place them in a bag featuring the Weeny Beeny logo. Haribo sells its gummy bears in branded packaging with its own logo.

Since consumers primarily recognize the brand through the logo on the packaging rather than the shape of the jelly itself, the court said it therefore found no potential for confusion.

Haribo has since appealed the ruling to the Supreme Court.

BY HYEON YE-SEUL, WOO JI-WON [[email protected]]