Copycat claims are toast in dispute

Johannesburg - Both loaves of bread are in packaging that uses the colours red, blue and gold.

But this wasn’t nearly enough to convince the Advertising Standards Authority of South Africa to rule in favour of Pioneer Foods after it filed a complaint against one of its competitors, alleging it had copied the packaging of one of its products.

Pioneer Foods complained that the recently changed packaging of Premier Food’s Mister Bread 600-gram loaf of sliced white bread imitated the packaging for its Sasko 700g sliced white bread, and took advantage of the advertising goodwill Pioneer claimed to have acquired for this bread and its packaging.

While the packaging of the two loaves looked similar, Premier Foods was keen to point out the differences between the brands.

The company argued that some of the main features of the Mister Bread packaging, including the use of blue, red, white and yellow, had been used in its previous packaging and before Pioneer introduced its Sasko packaging.

Premier Foods, represented by Adams & Adams, provided examples to show that the use of blue and/or the combination blue, red, white and yellow was common – alternatively, not uncommon – in packaging for pre-sliced white bread.

It also pointed out that sliced bread was commonly packed by brand for display in stores.

Considering that the parties’ breads were sold in different quantities, it was unlikely that they would be sold side by side in the market.

In-store photographs were provided by Premier Foods to illustrate that, in the trade, sliced bread was packed in such a manner that the base of the bread packaging was mainly visible to the consumer selecting bread.

Premier argued that the base portions of the parties’ products, which would be one of the main sections of the packaging seen by consumers selecting bread in stores, were sufficiently different to prevent consumer confusion.

In its ruling this week, the directorate of the Advertising Standards Authority of South Africa dismissed Pioneer’s complaint.

The directorate said the use of the colour blue and the colour combination blue, red, white and yellow was not original or unique, as several other bread manufacturers used blue or the same combination of colours for sliced white bread.

It also held that, as both parties’ brand names were instantly recognisable, the likelihood of confusion was low.

Saturday Star