Common types of Intellectual Property - Image and Get-up
Savvy businesses have realised that their product and business image can be further enhanced with how their product (or services) are portrayed to the world. Presentation and packaging can enhance consumer perception of the goods or services, often being emotive (a much more sophisticated evolution of the female model sprawled across the bonnet of cars at shows) or functional (how can we make it easier for you to select a product in our range).
Consequently, the products of many manufacturers become just as recognisable (as being theirs) by the design and getup of product packaging. In some cases, these become so recognisable as to become a trade mark. Consider the shape of the Volkswagen Beetle car, the shape of the classic Coca Cola bottle, the radiator grill of a Rolls Royce automobile, or even the sound of a Harley Davidson motorcycle.
As well as providing a significant marketing advantage for businesses, product and packaging shape and getup can also become a target for imitators and counterfeiters, inducing people to buy a counterfeit product because the colour, shape, texture, materials of the packaging suggests it is a genuine product from the genuine trademark owner. In some cases a different brand may be on the packaging, but other similarities are enough to trick the non-discerning buyer in a hurry.
Fortunately there are remedies for this, but they are not always straight forward. Depending on steps which the genuine manufacturer and brand owner has already taken, addressing trade-dress infringement will typically rely on a combination of copyright, common law rights of passing off (where they exist), trade mark infringement, design right infringement, and possibly also various consumers laws relating to deception.
Savvy businesses have realised that their product and business image can be further enhanced with how their product (or services) are portrayed to the world. Presentation and packaging can enhance consumer perception of the goods or services, often being emotive (a much more sophisticated evolution of the female model sprawled across the bonnet of cars at shows) or functional (how can we make it easier for you to select a product in our range).
Consequently, the products of many manufacturers become just as recognisable (as being theirs) by the design and getup of product packaging. In some cases, these become so recognisable as to become a trade mark. Consider the shape of the Volkswagen Beetle car, the shape of the classic Coca Cola bottle, the radiator grill of a Rolls Royce automobile, or even the sound of a Harley Davidson motorcycle.
As well as providing a significant marketing advantage for businesses, product and packaging shape and getup can also become a target for imitators and counterfeiters, inducing people to buy a counterfeit product because the colour, shape, texture, materials of the packaging suggests it is a genuine product from the genuine trademark owner. In some cases a different brand may be on the packaging, but other similarities are enough to trick the non-discerning buyer in a hurry.
Fortunately there are remedies for this, but they are not always straight forward. Depending on steps which the genuine manufacturer and brand owner has already taken, addressing trade-dress infringement will typically rely on a combination of copyright, common law rights of passing off (where they exist), trade mark infringement, design right infringement, and possibly also various consumers laws relating to deception.
The trade-dress of your product and packaging can be a significant marketing tool. Not only may it produce a significant favourable emotional response in your consumers, it can identify your genuine products as much as your trade marks.
The get-up of your packaging has become a significant target of counterfeiters wishing to pass off non-genuine goods as originals.
To take advantage of trade-dress for the benefit of your business, and to protect yourself against imitators and counterfeiters, requires a well planned strategy - ideally involving your patent attorney and your marketing strategy team.
The get-up of your packaging has become a significant target of counterfeiters wishing to pass off non-genuine goods as originals.
To take advantage of trade-dress for the benefit of your business, and to protect yourself against imitators and counterfeiters, requires a well planned strategy - ideally involving your patent attorney and your marketing strategy team.
