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Article: Imitation: A Form of Flattery No One Needs
- Article from:
- Food & Drug Packaging
- Article date:
- February 1, 1994
CopyrightCOPYRIGHT 1994 Stagnito Communications. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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By George Misko
Partner, Keller & Heckman
Executive Summary:
On one hand, you may be losing market share to private-label products that are taking advantage of a trade dress that your company has spent literally decades and millions of dollars developing. On the other hand, do you really want to bring suit against your retail customers, who may then refuse to provide shelf space for your national brands?
Who hasn't been there? You go into a drugstore to purchase a nationally distributed product and find the store's private-labeled product right next to it with a package design and labeling substantially similar to the national brand. After ...