Tuesday, December 8, 2009

I Smell A Law Suit Here...


It was that time of the month again to buy some groceries. I love this chore since I get to see new products in the market. For instance, I noticed that Cadbury, the chocolate manufacturer, launched Bourn Vita, a new chocolate beverage to rival existing coca-malt drinks. I thought that Cadbury only focuses on making chocolate bars but it turns out that the brand was already created way back in 1932 in England. I didn't get a chance to purchase a sample since Bourn Vita is currently not available in single-serve packs. I did notice something interesting.

The packaging of Bourn Vita has a lot of similarities with the label design of Ovaltine. They both have the same bluish lettering color, the bright red-orange background color and yellow design details. Call it coincidence but I smell a law suit here. This reminds me of the complaint filed by Nestle against Columbia for allegedly copying the label design of Milo, which caused "confusion among buyers" and was tantamount to copyright infringement. I don't know how the case turned out but I think Columbia won the case since they were able to continue marketing their Chocquick brand. I'm no lawyer so I'm not sure if imported brands like Cadbury are covered by the local copyright law or whether Ovaltine will react to Bourn Vita's label designs. Only time will tell.

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