An interesting matter dealing with children's food
packaging was reported recently, where the underlying dispute
overlaps beautifully with the world of Intellectual Property - in
particular, the protection of packaging, get-up and advertising
value.
Background
Rainbow Chicken owns the Chickees brand - a colourful,
child-oriented range of crumbed chicken products sold across major
SA retailers. After substantial marketing investment, the packaging
has become distinctive and strongly associated with Rainbow.
Eskort, one of SA's oldest food brands, launched its
Kiddos range of crumbed pork products. Rainbow complained to the
Advertising Regulatory Board (“ARB”)
that Kiddos had copied key crafted elements of the Chickees
packaging and online advertising.