The Swiss court battle between Nestlé and Denner, a well-known Swiss discounter, regarding alleged trademark-infringing coffee capsules that are compatible with Nespresso’s coffee machines, which has already starred in many disputes1, seems to have come to an end. By denying a risk of confusion between the Nespresso capsule andDenner’s coffee capsule, the Commercial Court of St. Gallen limited the scope of trademark protection for the Nespresso capsule, and denied Nestlé’s request for injunctive relief2. But did the court at the same time also clear the way for Denner or other competitors into the Nespresso capsules’ coffee market? This remains more than doubtful.