Vittoria's victory against coffee giant JDE shows that smaller companies will not be 'bullied', says CEO

Exclusive: Vittoria’s ‘David versus Goliath’ court victory against Moccona sends a message that smaller businesses will not be bullied, Vittoria chief executive Les Schirato told 9News.com.au.

The family-owned Australian coffee company has scored a legal victory after global brand Moccona, owned by US$15 billion US giant Jacobs Douwe Egberts (JDE), took it to court over the shapes of instant coffee pots.

Schirato told 9News.com.au he was confident Vittoria would emerge victorious in the costly lawsuit, in which Moccona accused the company of copying an “iconic” jar shape for freeze-dried instant coffee.

Vittoria is being sued by Moccona's parent company over its 400 gram instant coffee product sold in a glass jar, which the American-Dutch giant says constitutes misleading and deceptive conduct. Photo by Jason South. April 27, 2023. — Vittoria was sued by Moccona’s parent company over its 400 gram instant coffee product. (Jason Smith)

“It’s still nerve-wracking, we were fighting the largest coffee company in the world,” Schirato said.

“It’s a long process and we spent a huge amount of money defending it. (Most) family-owned 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 no longer wanted big companies to join forces against smaller family businesses.

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“It gives you that extra courage and strength to keep fighting. It’s the Australian way,” he added.

“It’s a big win for independent businesses. Australians don’t like people being bullied, they love the story of Australian businesses standing up for their rights.”

SYDNEY, AUSTRALIA - DECEMBER 03: Vittoria Coffee CEO Les Schirato poses for a portrait on December 3, 2014 in Sydney, Australia. (Photo by Sahlan Hayes/Fairfax Media) — Vittoria Coffee CEO Les Schirato, seen in 2014, said it was a win for independent businesses. (Nine)

Judge Michael Wheelahan rejected JDE’s claims that Vittoria’s 400g glass jar had engaged in “misleading and deceptive conduct” and that its similarity meant customers could confuse Vittoria’s jar with Moccona.

Wheelahan said in his ruling that there is no “real, tangible risk” that a customer familiar with Moccona would mistake Vittoria for the coffee giant’s product.

“I just think it’s so obvious, and yet in a sense it’s the big companies that are squeezing people,” Schirato said.

“So many smaller companies would have given up.

“Passing on Moccona’s reputation for instant coffee is not something I would ever want to do.”

JDE, Moccona’s parent company that also owns other brands including L’Or Espresso and Piazza D’Oro, initiated legal proceedings against Vittoria in February 2023.

Vittoria vs Moccona freeze dried coffee pots — The judge ruled that there was no tangible risk that customers would confuse Moccona’s coffee with Vittoria. (Nine)

The nearly two-year trial ended Friday after Wheelahan Federal Court ruled on the distinction between the two glass jars.

Wheelahan said Moccona’s pot was “fairly stocky” while Vittoria’s was “noticeably larger” with a simple, lower load.

In a statement after the court ruling, JDE said it was “disappointed with the finding that the Moccona Jar trademark had not been 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 trust our products to be recognizable and recognizable, and our customers deserve that transparency, rather than similar-looking products on the shelves.”

Court costs will be determined next week.