Thursday, March 09, 2006

Law can be cheesy - literally.

Take the case of the Belgian “Kaasmakerij Passendale” a producer of cheese.
This company has been producing cheeses for decades.
The cheeses have distinctive forms, colors and structures. Due to the uniqueness of each of the cheeses, Passendale obtained trademark and brandname protection.

A Belgian competitor started production of the cheese “Boerengoud” (farmer’s gold).
This cheese uncanny resembles the “Passendale” one in form, color, shape and even logo.
Passendale started legal procedures claiming that Boerengoud is too similar in form, structure and color and therefore misleading for consumers.
The court decided that that the cheeses are visually so similar that there is a high chance of consumer confusion.
Boerengoud cannot be sold and all existing Boerengoud have to be withdrawn from the market.

Why is this kind of brand protection so important?

1) it makes the product identifiable for the consumer
2) it reflects a quality standard or specific product properties
3) it builds consumer confidence
4) it makes a statement (product image)
5) it builds consumer loyalty