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KEY TRENDS: Copy-cat packaging – in the end it all depends upon who’s copying you

Grocer
Photo: The Grocer 10.05.14

 

In this series of posts we take a look at key trends in food and drink, starting with a look at the rise of the own-label copy-cat.
The issue of copy-cat packaging has existed for many years but there seems to have been something of an avalanche of look-alikes recently with a number of big retailers being implicated. They say that imitation is the sincerest form of flattery but the lack of protection for brands in the UK means that some recent cases have bordered on outright plagiarism.

The burden of proof is on the brands to prove that the copy-cat is deliberately trying to make consumers think that it is the branded product (so called “passing off” rules), meaning that disputes between brands and retailers tend to be kept out of the public domain and are nearly always settled out of court.

That’s why we were surprised when we read the recent news about Seachill, the owners of the Saucy Fish Co brand taking legal action over Aldi’s “confusingly similar” salmon and sauce, but then when we saw the number of similarities between the two products it made the move a little more understandable; both feature black packaging and a cardboard sleeve with a fish shaped cutout on the left hand-side revealing a sachet of almost identical sauce.

In an interview with the Grocer last year, Aldi’s joint managing director Matthew Barnes said that he was impressed by the success of the Saucy Fish Co and spoke of plans for a similar offering – maybe a little too similar in this case.
Of course, there is nothing wrong with a retailer taking inspiration from a successful brand and they all do it to a lesser or greater extent; however there’s a fine line between an own-label product being “inspired” by a brand and being considered a blatant copy-cat.

Where is that line? Perhaps at the point where similarities are such that consumers feel that they have been duped into purchasing the own-brand product by mistake. According to this article in The Drum from last year, a fifth of the members of the consumer group Which? reported falling for that tactic.

Many have applauded Seachill’s move to fight their corner but there’s an interesting philosophical question to be asked; whilst Saucy Fish customers Tesco and Sainsbury’s recently launched their own fish-in sauce offering inspired by the brand (leading to a shock delisting then relisted by Tesco), would Seachill have risked the potential financial repercussions of taking the legal route if the aforementioned retailers had launched such strikingly similar offerings as Aldi’s saucy salmon?

Developing a packaging format that stands out on the shelf or in the chiller cabinet can take a lot of time and money, so we understand why brands get annoyed by own-label “me-too” versions that draw heavily on all that effort – here at IWP it frustrates us when elements of a packaging design we’ve created get “borrowed” to put it kindly. As far as resorting to litigation is concerned though, brands should think very carefully before taking the legal route because it’s hugely expensive, hugely risky and in the end it all depends on who is copying you.

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How to communicate better with Chefs

ChefComms

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We LOVE this…

cadbury-dairy-milk-new-design

Great work by Pearlfisher on the latest packaging for Cadbury’s Dairy Milk. The chunks of chocolate have gone, to be replaced by lovely chocolate sculptures of each flavour in the range, inspired by the idea of ‘say what you see’. Described as “Playful, imaginative and joyful expressions”, the packs feature QR codes which when scanned reveal downloadable ‘joyful content’…

Love the simplicity – no swirls, extraneous graphics or copy to detract from the impact – well done to the creatives – but especially to the client for resisting the temptation to brief in ‘added value’ in the form of on-pack selling points.

Brilliant.

 

 

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QR Codes for Wine Labels

QR (Quick Response) codes are springing up everywhere, as awareness by consumer and producer grows that it’s an instant way to get more information on a product by scanning the QR code with your smartphone and taking you instantly to a web address.

And it works even harder if there’s an offer involved – especially at point of sale, where the consumer is already in buying mode.

The back label can only offer a limited amount of information – now after a flash with your smartphone you can not only get comprehensive tasting notes, but also vineyard philosophy, food pairings, customer feedback and links to other related products – giving the consumer the benefit of making a more informed purchase.

As long as your website is in good shape to convert that interest the potential is enormous.

We’d be delighted to chat about how it might work for you.

Cheers!

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Drink Me

Wine labels. Little squares of magic – advertising a taste of loveliness within. But unless you’re a sommelier or at least a bit more knowledgeable than the average punter, choosing a wine is a leap of faith – and we’ve all been disappointed after making the wrong choice.

Apparently we now buy over 70% of our wine from supermarkets – up from 10% in the 80’s.

And a walk down the wine aisles delivers a disarming array of product, all competing for attention. Some wineries place great importance on the label design while others do not. Smart wineries have embraced the concept of ‘shelf shout’ and employed talented designers (present company included) to maximise the short span of attention allowed from hard-pressed shoppers, notably the New World wine growers, whose financial success attributed to striking label designs has led some European producers to follow suit.

So it is no longer acceptable to simply put an image of a Château on your label, which could look stuffy or old fashioned – or even worse, take up the printers offer to ‘come up with a few ‘free’ designs’ – rather produce something stylish, inviting, non-intimidating and appropriately targeted.

Of course the elegance of the label alone does not determine the wine’s quality. Labels with the varietal and brand name are preferred by most New World, and increasingly European consumers. The skill is in combining these elements – a skill which we are delighted to share.

We have produced a briefing form which when filled in will help us to create a compelling label design. Let us know you’re interested and we’ll send you a copy.

Cin cin!

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Evian More Clever

Following on from their world famous ‘Rollerblades’ campaign, Evian launch the brilliant ‘Baby Inside’ commercial using real people, not models – symbolising the effect of Evian on the bodies of adults of all ages. Agency is BETC Euro RSCG, Directors Legs and music is Wordy Rappinghood, produced by DJ Mehdi and Uffie. 

http://www.youtube.com/watch?v=Vg1jAWtWUaU

On TV at the moment there’s a clever twist at the end to link to Wimbledon –

http://www.youtube.com/watch?v=9qpd51zirEw&feature=relmfu

Bloody great – even bought the T-shirt!

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Who Is This Man?

 

It is Dave Roberts, sporting the shirt of his beloved Bromley FC, Conference South league. Dave is a copywriter, author and all-round great sage. Currently residing in Hartford Connecticut, he is responsible for the vast majority of our copy (except the best bits, which I write).

He has written several books including the brilliant ‘The Bromley Boys – The True Story of Supporting the Worst Team in Britain’, and is about to embark on a tour of the UK promoting his new book 32 Programmes – ‘The hilarious and moving story of a man called Dave and his most precious possessions…’

I can also exclusively reveal that work is underway on Sad Men – ‘The flipside to Madison Avenue’s mad men. Life in tiny provincial agencies that never make the pages of Campaign or Ad News.’  I’ve had a sneak preview of the first three chapters and it is very funny.

See more of the great sage here:

http://www.daverobertsbooks.com/

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Budweiser “Grab Some Buds”

New York Agency Anomaly launches first new national TV, outdoor and radio ad campaign for Budweiser in the UK, “Grab Some Buds”.

http://www.youtube.com/watch?v=KjFuFvjBIFA

Showing Budweiser being prepared in anticipation of various social events including a music festival, baseball match and barbecue, this is the kind of ad the Americans do so well (though Anomaly appear to employ a good proportion of Brits and run a London office).

Music is You! Me! Dancing! by UK-based indie guys Los Campesinos.

Almost good enough to convince me to buy Bud…

Love it.

 

 

 

 

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Has the fizz gone a bit flat?

Is it us? Or have Moët taken their eye off the cork with this one? Scarlett Johannson looks distinctly unenthusiastic here – in stark contrast to last year’s gorgeous Dolce & Gabbana ads. Just check out the over enthusiastic Photoshop work, which has delivered a Barbie look to this and the other ads in the series. Shame…

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Here come de judge

http://www.youtube.com/watch?v=a_S2_csoNHA

Yes, this is yours truly talking knowledgeably about photography. I wonder why I didn’t get asked back?