Success will always generate interest from aspirational newer players trying to get noticed. But how close is too close? The line "inspired by" is always being tested, just think back to last Christmas with M&S and Aldi (the gin bottle case) and don't forget about Cuthbert the Caterpillar. With the Christmas build-up already in full swing, could we see something similar this year?! However, rights owners cannot simply rely on "inspired by". The specific individual rights need to be identified, valid and enforceable. In the piece below, WIN WIN do not use the names Cadbury's or Tony's. Success will therefore depend on whether these companies have more appropriately registered trade marks or designs and of course whether they own acquired unregistered trade mark rights in the get-up of the packaging itself. Should be interesting, if indeed action is taken. Careful consideration needs to be given for any possible PR fall out which can often attract more attention than the lookalikes themselves!
'While they have a far smaller environmental impact than the originals, they are every bit as delicious,' says WNWN
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