Cheeses on sale, deceptively similar

Photo: SCANPIX

This week, a surprise was served by Tere, the dairy industry: its new cheese products bear striking similarity with two traded by Estover. The latter’s processed cheese Päikese got a close companion in Tere’s Päikseke (both names versions of the Sun – edit). Differentiating the packages, Estover’s very CEO Hannes Prits would miserably fail. «This is the grossest copying I’ve seen in my life. Even I would mix these up,» said Mr Prits.

The other new Tere product is processed cheese Sõprus (friendship – edit). This, indeed is registered trademark of Tere’s since 1998; even so, the new packaging is ever so similar to Estover’s processed cheese. «These two, who would tell apart? Where’s the morals, here?» asks Mr Prits.

The Päikese processed cheese trade mark not being protected, legally it’s hard to tackle this, admits Mr Prits. Still, he considers this misleading of client. «For me, it remains a mystery why they’d do this, as close to 60 per cent of processed cheese market is under Merevaik (amber – edit) i.e. Tere is market leader. We do grow, but by the Processed cheese Hiirte (mice – edit) which is a protected trade mark,» described Mr Prits.

By Tere marketing chief Alar Pink, copying is neither admitted nor denied. «The Sõpruse processed cheese has been in the Tere portfolio for ages; this is a lower priced category product which we have reintroduced again and again. Historically, processed cheese Sõprus has had a design just like this,» assured Mr Pink.

Regarding the processed cheese Päikseke, Mr Pink is even more tongue-tied: «You are referring to our Päikseke resembling Päikese, not posing such questions when Päikese was launched, copying Merevaik. Other producers as well have launched products designed to the tune of our Merevaik, surely enjoying a measure of sales success.»

Truly: on Estonian milk products market, copying brands or packages is nothing new. In 1998, E-Piim accused Estover in breach of law and good trading practice, as the latter brought Kuldne Eesti cheese to the side of E-Piim’s Eesti Kuldne cheese (both names mean «golden» – edit). Also, on that package, Estover used the Eesti cheese trade mark Neiu pea (Maiden’s Head – edit).

At the beginning of the 2000ies, E-Piim demanded that Estover stop using the word Põltsamaa on its cheeses; as a result, both companies ended up removing the word form packaging. In 2012, Tere tried to hijack the sentence Terve Eesti kiidab (all Estonia praises) belonging to Farmi brand by Maag Dairy Industry. By today, Tere has withdrawn the application.

Estover chief Hannes Prits did not deny they have used like trick years ago; even so, over these past these years, they have abstained.

In addition to the tussle of the Estonians, it is surprising that even with the Finnish Valio, their Eesti cheese packaging is getting ever more similar to Estover’s Eesti cheese; at that Estover claims that Valio isn’t making the real Estonian cheese.

«Estonian cheese (juust) is a specific product made according to a historical method which, regrettably, is not sufficiently protected in Estonia,» said Mr Prits. «Valio’s motives are very simple, really: Eesti juust is the most popular cheese on the Estonian market. This is more expensive to produce; thus, a lower cost price is achieved as you take ordinary Edam-type cheese and label it as Estonian.»

According to Mr Prits, this again amounts to cheating consumers. «Honestly, one can’t imagine that, on the Finnish market, even theoretically anybody would try selling boxy Oltermann cheese; no one would buy this, quite likely it would never even be included in the sortment. Sadly, it is impossible in Estonia to protect the words Eesti juust, nor the technology of production,» explained Mr Prits. «Is this right? I ask, should an old dignified company indeed employ such methods in Estonia?»

Valio’s marketing manager Krista Kalbin said their Eesti juust is sold starting 2007, the packaging not having changed much over the years. According to Ms Kalbin, in 2013 the package was harmonised with Valio’s yellow-red design, the blue stripe replaced by the yellow tone characteristic of cheese.

«Valio cheese packaging design is characterised by the circle in the middle. Comparing this to Estover’s Eesti juust, where the maiden is central, then there’s nothing similar really except for the red-yellow colour combination. Also, for a consumer, the choice is made easier by the large Valio logo on the package,» described Ms Kalbin.

Regarding Estover’s accusations that Valio’s cheese isn’t the real Eesti juust, Ms Kalbin replied that according Estonian Daily Association, there is no valid standard for production of Eesti juust; while, in Dairying Handbook (Piimanduse käsiraamat), Eesti juust stands classified as an Edam-type cheese.

Mr Prits, however, stands unshakeable: yes, it is an Edam-type cheese, but to produce it there exists a specific technology not used by Valio. According to Liina Puu, deputy head of Patent Office trade mark department, use of trade mark cannot be prohibited if it isn’t protected – even if near impossible to tell apart.   

According to Hanna Turetski, consumer policy and PR chief at Consumer Protection Board, we may have to do with a misleading trade trick, which, pursuant to consumer protection law, is prohibited; even so, before taking a stand, they would have to dig in deeper. The parties, however, have not yet had recourse to the Board.