Let’s start with the basics: a brand can only be protected by registering a trademark. Simply using the brand isn’t enough. When claiming trademark rights, it’s crucial to think carefully about what you need to register to prevent others from copying your product or making it look like yours. It’s not just the brand name you need to secure; register the logo, distinctive marks, and even the packaging design. This ensures that the “look and feel” of your product is protected. The “look and feel” refers to the overall visual impression a product creates in a consumer’s mind. In this case, Fanta could register the entire bottle design to protect the iconic look of its soda. After all, it’s essential that consumers immediately recognize the packaging as part of the brand.
So, what about Freeway’s orange soda? Consumers might easily be confused by the striking similarities to Fanta’s familiar bottle. The color scheme (orange, white, and dark blue), the round shape suggesting an orange, and even the typography are all strikingly similar. This could lead shoppers to mistakenly believe that Freeway soda is somehow affiliated with the Fanta brand—something that could very well be grounds for a trademark infringement claim.
For now, we’ll have to wait and see if a legal battle is brewing between Lidl and Fanta’s parent company, The Coca-Cola Company. But here’s a tip for brands looking to avoid copycats: don’t just register the name—protect your packaging and logo too. If you want to keep your products from being mimicked or dressed up as look-alikes, proactive trademark registration is your best defense. (Melvin Kalika)
Let’s start with the basics: a brand can only be protected by registering a trademark. Simply using the brand isn’t enough. When claiming trademark rights, it’s crucial to think carefully about what you need to register to prevent others from copying your product or making it look like yours. It’s not just the brand name you need to secure; register the logo, distinctive marks, and even the packaging design. This ensures that the “look and feel” of your product is protected. The “look and feel” refers to the overall visual impression a product creates in a consumer’s mind. In this case, Fanta could register the entire bottle design to protect the iconic look of its soda. After all, it’s essential that consumers immediately recognize the packaging as part of the brand.
So, what about Freeway’s orange soda? Consumers might easily be confused by the striking similarities to Fanta’s familiar bottle. The color scheme (orange, white, and dark blue), the round shape suggesting an orange, and even the typography are all strikingly similar. This could lead shoppers to mistakenly believe that Freeway soda is somehow affiliated with the Fanta brand—something that could very well be grounds for a trademark infringement claim.
For now, we’ll have to wait and see if a legal battle is brewing between Lidl and Fanta’s parent company, The Coca-Cola Company. But here’s a tip for brands looking to avoid copycats: don’t just register the name—protect your packaging and logo too. If you want to keep your products from being mimicked or dressed up as look-alikes, proactive trademark registration is your best defense. (Melvin Kalika)
