Swedish outdoor company Wildo has filed a lawsuit against Norwegian brand Stormberg, accusing them of copyright infringement over a foldable cup design. Wildo claims Stormberg's product is nearly identical to their iconic 'fold-a-cup', risking consumer confusion. Despite Stormberg's decision to cease production, Wildo seeks a court order to halt sales and destroy existing stock.
Wildo Sues Stormberg Over Iconic Foldable Cup Design
Wildo Sues Stormberg Over Iconic Foldable Cup Design
A dispute over the classic foldable outdoor cup has erupted. Swedish creator Wildo has sued Norwegian company Stormberg for copyright infringement, claiming the cups are too similar and could be confused by consumers.
Wildo, an outdoor company rooted in Borås, Sweden, created its distinctive 'fold-a-cup' in 1978. This foldable cup, designed for outdoor use, is now sold in more than 20 countries. Naturkompaniet describes it as 'a must-have in many adventurers' gear'.
Wildo's Argument
Wildo alleges that Stormberg has produced copies that are too similar to the original, filing a lawsuit for copyright infringement and misleading and unfair marketing. They want the Patent and Market Court to prohibit Stormberg from importing, exporting, manufacturing, marketing, and selling the cup, with a penalty of one million kronor.
Wildo also demands that all existing stock in stores or warehouses be recalled and destroyed.
In their lawsuit, Wildo states that the 'fold-a-cup' has gained attention for its 'distinctive design' and is seen as a 'classic product'. They argue that Stormberg's version, called the 'foldable cup', is 'nearly identical', allowing the Norwegian company to 'benefit economically' from the original cup's established intellectual value.
'It is Wildo's firm belief that there is a significant risk that the average consumer could confuse the products,' Wildo writes.
Stormberg's Response
The lawsuit reveals that Stormberg disagrees. The Norwegian company has denied infringement, claiming the cup has 'limited copyright protection'. Stormberg also asserts that their cup was developed independently and that the products are different enough for consumers to distinguish between them.
Wildo warned Stormberg about the similarities on April 8 this year, arguing that the Norwegian company has knowingly committed copyright infringement since then. On April 29, XXL, the only retailer in Sweden, stopped selling Stormberg's cup but resumed until Wildo sent another warning letter in June.
Ceasing Production
In August, Wildo was informed that Stormberg decided to stop manufacturing their product, but the Swedish outdoor company does not consider this sufficient.
'Neither Stormberg nor Stormberg AS (the Norwegian company) has provided any guarantees to Wildo that the production of the Infringing Product has ceased permanently, nor have any guarantees been given regarding the Infringing Products already manufactured and sold,' Wildo writes.
The lawsuit was filed with the Patent and Market Court last week.