In a battle over the patent and marketing rights of a chocolate and cream dessert, a German court ruled that Aldi’s “Flecki” pudding did not infringe on the copyright of Dr Oetker’s similar product, “Paula”.

Neither the ingredients nor the packaging, which features black and white cow spots, of the discount store’s product could be mistaken for those of the Dr Oetker pudding, the Düsseldorf appeals court said, upholding a ruling from March.

Dr Oetker, a family-run firm which specialises in packaged meals such as frozen pizzas, cake mixes, yoghurts and puddings, had sought a Europe-wide ban on “Flecki”.

A company spokesman said Dr Oetker would examine the ruling and decide whether to take the case any further.

AFP/jcw