Crompouce inventor would likely lose fight against imitators, experts say

Legal experts estimate that the chances of recognizing the trademark “crompouce” are not high. The Utrecht baker Ulrika Menig claimed to have been the first to market the crompouce, a cross between a tompouce and a croissant. Her lawyers threatened legal action against dozens of bakers, chains, and supermarkets in recent weeks.

The recent recent craze for the pastry was sparked by it going viral on TikTok. Bakers throughout the Netherlands have also developed their own versions, with even major supermarket chains Albert Heijn and Jumbo now selling their own crompouce pastries.

Following threats from Menig to sue for trademark infringement, some bakers have chosen to collaborate. For example, the Katwijk bakery chain Van Maanen, which opened a “House of Crompouce” pop-up store on Prinsengracht in Amsterdam this month, is now a licensee."

However, Gregor Vos of Brinkhof Advocaten considers the case hopeless. “This is going to be very difficult. The word crompouce is primarily a description of the product, a cross between a tompouce and a croissant. In the consumer's perception, it's not a brand. A brand name must be distinctive, and that's not the case here. Moreover, the name is already being used descriptively by everyone. Perhaps this lady was really the first to bring this product to the market, but the name she has devised for it is unfortunately chosen,” he said.

Trademark lawyer Radboud Ribbert, a partner at the American firm Greenberg Traurig, also doubts the case will hold up in court. Menig has copyrighted the name of her pastry. "She did that cleverly," said Ribbert. "It's a combination of a tompouce and a croissant, so the name fits. But you can't protect the idea behind the product, a croissant filled with cream and a pink glaze over it. You can't derive rights from an idea itself. Moreover, it has to be a completely new and original product, and from what I understand from the press, it's questionable whether that's the case."

Menig, the owner of Bammetje Bakery, said she invented the crompouce during the coronavirus lockdown in 2020. She trademarked the pastry and its brand name that same year when people kept asking her bakery about the treat. According to Menig, artisanal bakers can now only sell the product under license, while others have been ordered to stop sales.

“I was very much aware that many bakeries might not realize that this is a registered trademark and product that cannot just be sold freely. We have tried to inform bakeries in various ways," she wrote on Thursday on Instagram. "Bakeries, of course, have the option to obtain a license and continue selling the product."

According to Menig, artisanal bakers can now only sell the product under license, while others have been ordered to stop sales. Supermarket chains Albert Heijn and Jumbo have also been approached by Menig's lawyers. They have declined to comment to ANP.