What's in a name? Not much, when it comes to lookalikes...
Brands should not be deterred from pursuing lookalike producers, and an unfair advantage claim could be the key. The behavioural research science illuminates the path for how lookalikes can be tackled in the courts.
The English courts need to move away from the idea that brand name is the most important part of packaging. Consumer behavioural science shows that the order of importance in packaging is (1) colour (2) shape (3) get-up/artwork (4) name. That is why supermarket lookalikes infringe packaging trade marks by taking unfair advantage of the marketing function of colour, shape and get-up of packaging, even though they think they are being clever by devising a sufficiently different name (the only original aspect of lookalike packaging).
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