From www.claytonutz.com: The Federal Court ruled that Cantarella Bros Pty Ltd did not infringe the Moccona shape mark for its coffee jar, emphasizing that the shape lacked distinctiveness as a trademark.

Although Cantarella argued for the cancellation of the shape mark, the court found that extensive advertising had established its acquired distinctiveness.

The court also determined that the Cantarella jar’s design was not substantially similar to the Moccona shape, and consumers would not confuse the two products.