The Supreme Court of Justice (STJ) revoked a ruling that forced the Peixinho Confectioneryin the center of Aveiro, changing the sweets, the image and the layout of the establishment, concluding that the renovation of the space did not constitute unfair competition against the Parisian pastry shop Ladurée, according to reports from the Aveiro news.
In the ruling, the court recognizes that the intervention sought to “reconcile the tradition” of Confeitaria Peixinho with the city’s history, using elements inspired by Art Nouveau. As a result, both style and tones were similar to those mentioned by the complainant, but the judges understood that these similarities were not enough to create confusion among consumers.
This is because, highlighted by the judges of the Supreme Court of Justice, soft eggs and macarons “are not confused, either by the way they are presented to the consumer or by their composition”, as well as “the composition of each one is also different, in addition to the fact that “soft eggs are clearly associated with a Portuguese city, Aveiro”, can be read in the ruling, cited by that regional newspaper.
Furthermore, the Supreme Court judges also declare that there was not even any loss of Ladurée’s clientele, nor any undue advantage obtained by the defendant.
With the decision, Confeitaria Peixinho’s obligation to make the changes required by Ladurée is null and void, something that the Porto Court had previously ordered — after the first instance had absolved the house of soft eggs.
Peixinho will be able to maintain its sweet and historic activity in Aveiro with the new layout without any worries.