Euan Duncan – a partner in the manufacturing, media and technology team at Morton Fraser MacRoberts LLP – explores how courts are ruling on intellectual property and trade mark disputes within the food and drink industry.
Read the full article on the Food Manufacture website
NAM Implications:
- Aldi at the wrong end of three ‘global’ cases:
- UK: Taurus Cloudy Lemon Cider
- Switzerland: Lindor chocolate balls
- Aus: Little Bellies artistic packaging:
- i.e. Aldi are accustomed to swimming in these waters.
- Courts moving to how consumers actually experience brands via trust, emotion and familiarity.
- Meaning brands need to treat perception as more than a marketing issue.
- Building perception into legal strategies means legal battles will be tougher and longer.
- (on the meter…)
- Proceed with caution…
