Haribo sues Candy People in Sweden for alleged trademark infringement and breach of the marketing law over a ‘pacifier’ gummy shape, arguing that its use in advertising risks creating an association with Haribo. The case follows a warning sent in May. Candy People, based in Malmö, denies infringement.
What ‘Haribo sues Candy People’ hinges on
Haribo argues that the pacifier-shaped candy—long sold by the company in Sweden—has become closely linked to its brand and consumer expectations. In the lawsuit, the German confectioner claims that “the mere use of a pacifier in marketing entails a clear risk of creating a connection with Haribo.”
The action is filed for trademark infringement and for use contrary to Sweden’s Marketing Act (marknadsföringslagen). At stake is whether Haribo’s shape-based branding enjoys protection strong enough to prevent competitors from using similar pacifier motifs in packaging and promotion.
Swedish legal view: no monopoly on candy pacifiers
According to civil law professor and IP specialist Marianne Levin, being first on the market is not, by itself, enough to confer exclusive rights to a shape. As Levin puts it, “They must look so similar that one could confuse them.”
In practice, the court will assess likelihood of confusion between the products and the overall marketing, not just the existence of pacifier-shaped sweets. Both companies have, for now, declined to comment publicly on the case.
Haribo’s Danish win on gummy bears shows a different path
The Nordic legal picture is mixed. In July 2025, Denmark’s Østre Landsret (Eastern High Court) sided with Haribo’s rights-holder Rigo Trading S.A., recognizing trademark rights acquired through use in the shape of the iconic Goldbear and paving the way for registration after lower bodies had refused.
That ruling concerned gummy bears, not pacifiers, but it illustrates how acquired distinctiveness can tip the balance when a confectionery shape is strongly associated with a single source. Whether a Swedish court will reach a similar conclusion on pacifiers depends on the evidence of distinctiveness and the risk of consumer confusion in Sweden.
What happens next in the cross-border IP dispute
If the Swedish court finds that Candy People’s marketing creates a likelihood of association with Haribo, remedies could include prohibitions on specific packaging, promotional uses, or product shapes.
If not, the decision would reaffirm that common candy shapes are generally open to competition unless a company proves distinctiveness built through use. Beyond this case, the outcome will be watched by Nordic and EU confectionery producers balancing brand protection with fair competition.
