Supermarket shelves can be a dog-eat-dog environment, with
products and brands vying for consumers' attention alongside
the contents of their wallets. This healthy sense of rivalry helps
keep prices in check and prevent monopolies. Yet when that same
competitive spirit spills beyond the bounds of fair practice,
appeal boards and courtrooms become the new arenas of battle,
where, very often, Intellectual Property (IP) rights decide the
victor.
To appreciate the importance of such proceedings, we need look
no further than two recent cases involving the European Union
Intellectual Property Office (EUIPO) where snack food brands went
head-to-head over their visual presentation. These decisions and
the legal reasoning behind them exemplify the value of trademark
and design protections for organizations in any industry.
