Probably, Should’ve Gone to an Expert!
One of the frequent questions we’re asked concerns what is or isn’t registerable or indeed useable as a trade mark or design right. Marketers, designers and brand managers often come up with some incredible creative content and then wonder how protectable it is or whether or not it will land them in hot water as they’ve used other people’s brands as part of their story.
An example of great comparison adverts are the Aldi TV campaigns that use some interesting comparisons such as the Easter campaign with the Lindt chocolate bunny versus Aldi own brand chocolate rabbit. This kind of comparison works well but brand owners have to be aware of the limits of such use.