–Susan Perera, Attorney

Do these containers seem similar to you? Confusingly similar?

That is what Coca-Cola, owner of Simply Orange, is claiming.  In a recently filed trade dress and patent infringement suit Coca-Cola claims that its Simply Orange container is nonfunctional, contains a patented closure lid, and the new Trop50 packaging is likely to deceive

A couple of days ago, Brandweek featured an interview of Peter Clarke, CEO and founder of Product Ventures, a Fairfield, Connecticut design firm that has created packaging for Heinz, Folgers and Febreze, among other brands:

Brandweek: You believe that packaging has become simpler of late. Can you describe what you mean by that?

Mark Image

In November, I wrote about how Gatorade’s 2009 re-branding as G has been a complete failure. G was an ill-conceived approach to slowing sales in 2007 and 2008. It damaged brand equity, confused consumers and didn’t reverse the trend of falling unit sales.

In the final paragraph of my last blog, I noted that PepsiCo CEO Indra Nooyi said the company is planning a “massive Gatorade transformation” for 2010. I recommended that Gatorade should follow the model of Coca-Cola when they decided to retire New Coke. By doing this, Coca-Cola admitted their mistake and moved on by hitting the reset button on their brand.

Initial details of PepsiCo’s 2010 “massive Gatorade transformation” have been made publicly known here, here and here. Gatorade’s brand strategy for 2010 seems mediocre. Although they are making some positive changes, other moves indicate that they still don’t understand how to successfully market their brand.


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As you may recall from March of this year, we blogged about Kimberly-Clark’s novel intent-to-use trademark application for a "sensory, touch mark" in connection with disposable paper hand-towels. Other discussions of sensory, touch marks may be found here

In any event, the original description of the claimed Kimberly-Clark trademark was as follows: "The

— Karen Brennan, Attorney

While browsing through a toy store recently, I noticed what appears to be a trend in branding this holiday season – reintroducing classic or “nostalgic” toys.   It is very hard for me to accept that the toys I played with as a child could be considered “nostalgic,” but upon

— Karen Brennan, Attorney

Mars recently introduced a new candy bar, Fling, marketed exclusively to women, advertised as “an un-regrettably indulgent new product for women”.  The website is predominantly pink and is littered with very stereo-typical one-liners meant to be sexy such as “you never know when you’ll want to have a Fling” and

Under Consideration’s Brand New Blog has on two recent occasions commented about the trend in using white as the color for product packaging of consumable goods. Wal-Mart was the first to use this color packaging for its private label brand and the European community appears to be following suit. Using a white background has its marketing