Passing off intellectual property: Private label brands mislead consumers

In today's highly competitive retail and FMCG (Fast-Moving Consumer Goods) space, the process of getting a product to market can be a potential minefield. Not only are you competing with other manufacturers in the same product category for market share, the recent boom in 'retailers' own' brands means that competition is even more fierce!

When a manufacturer, or retailer, launches a product with very similar branding features to another item in the market sector, what legal protection is available for the manufacturers of the original product? As we know, product differentiation is the key to success, so manufacturers need to be able to effectively protect their branding from competitors.