Some consumers can't tell the difference between brands
Which!!! asked 7,855 members various questions, and discovered that around a quarter of them have difficulty telling the brands from the own-brands, and have sometimes ended up buying the own brand goods by mistake! (the clots).
One of the main examples used was the similarity between McVitie’s Ginger Nuts and Lidl’s Tower Gate Ginger Nuts (pictured). Once the brand names had been blocked off, 39% of respondents confused Lidl with McVitie's.
Other own-brands that the research suggested bore an uncanny resemblance to branded labels included Aldi’s Snackrite Thick Ridged Crisps (similar to McCoy’s), and Lidl’s Newgate Cream of Tomato Soup (similar to Heinz).
According to legal professional Lee Curtis, partner and trademark attorney at law firm HGF, says the basic test for a design right infringement is if the non-brand gives of the air of the real brand, but even if that's the case, Curtis says: “Most of the main offenders for copying are big supermarkets. Brand owners will be scared of their commercial power and of being delisted – for many, supermarkets are their biggest customers, and they don’t want the hassle.”
Some companies have tried to legalise elements of their branding, but for some to no avail. Such is the case for Cadbury, which last year lost a legal battle to secure exclusive rights to Pantone 3685c purple in chocolate packaging.