Exclusive:Vittoria's 'David vs Goliath' court victory against Moccona sends a message that smaller companies won't be bullied, Vittoria chief executive Les Schirato has told 9News.com.au.
The Australian family-owned coffee company has had a legal victory after global brand Moccona, owned by $15 billion dollar US-dutch giant Jacobs Douwe Egberts (JDE), took it to court over its instant coffee jar shapes.
Schirato told 9News.com.au he had been confident Vittoria would come out on top in the costly court battle, which saw Moccona accuse it of copying an 'iconic' jar shape for freeze-dried instant coffee.
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"It's still nerve-wracking, we were fighting the biggest coffee company in the world," Schirato said.
"It takes a long process and we spent a huge amount of money defending it. [Most] family companies or coffee companies wouldn't have been able to spend that money."
Schirato said he was buoyed by strong consumer support during the legal battle.
He said the support was proof Australians did not want to see big companies flex their muscles against smaller, family-owned brands any longer.
"It gives you that extra courage and strength to fight on. It's the Australian way," he added.
"It's a great win for independent businesses. Australians don't like people being bullied, they like the story of Australian companies that stand up for their rights."
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Justice Michael Wheelahan dismissed JDE's claims that Vittoria's 400g glass jar had engaged in "misleading and deceptive conduct" and that its similarity would mean customers might confuse Vittoria's jar for Moccona.
Wheelahan said in his judgement there was no "real, tangible risk" that a customer familiar with Moccona would mistake Vittoria for the coffee giant's product.
"I just think it's just so obvious, and yet, in a way it's the big companies putting pressure on people," Schirato said.
"So many companies that were smaller would have given up.
"Passing off Moccona's instant coffee reputation is not something I would ever want."
JDE, the parent company of Moccona which also owns other brands including L'Or Espresso and Piazza D'Oro, launched legal proceedings against Vittoria in February 2023.
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The nearly two-year court battle ended on Friday following Wheelahan's Federal Court judgement, where he pointed out the distinctions between the two glass jars.
Wheelahan said Moccona's jar was "fairly squat" while Vittoria's was "noticeably taller" with a plain, lower load.
In a statement following the court decision, JDE said it was "disappointed with the finding that the Moccona Jar trademark was not infringed".
"It is our firm belief that, while competition is a healthy and important part of Australia's vibrant coffee scene, competition must be fair," a spokesperson said.
"The thousands of Australians who enjoy Moccona rely on our products being identifiable and recognisable, and our customers deserve that transparency, instead of lookalike products on shelf."
Court costs are set to be determined next week.
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