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ARTICLE · 03 JUNE 2013

Issue 058 | Good Old Fashioned ...

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Companies often take what are basically trade mark issues to the ASA because it’s quick and cheap.

South AfricaIntellectual Property
Hans Muhlaberg
Hans Muhlaberg

Companies often take what are basically trade mark issues to the ASA because it's quick and cheap. But as yesterday's ruling in the Frankie's v Woolworths case shows, advertising and trade mark issues are not always identical. The ruling deals with Woolworths' use of the term 'Good Old Fashioned' in relation to its range of 'vintage' sodas. The problem – Frankie's has been using the same term for its vintage drinks since 2006. (Frankie's in fact claimed that its entire get-up had been copied, but the ruling simply deals with the phrase). Woolworths raised defences aplenty. You haven't used the term as a trade mark but rather in a descriptive way - it hasn't appeared on your bottle but rather on point of sale material like posters and 'table talkers' (dunno either!), and your trade mark is actually Frankie's and your slogan is 'The taste of yesteryear'.

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