Before
Now
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Two negatives about the new packaging -
- the KETTLE trade name is less prominent than the flavor descriptor
The fear is an erosion of the KETTLE brand identity due to the reduced prominence. The glossy standard packaging will only hasten the erosion of its unique organic identity cultivated from the use of paper based packaging and solid color scheme.
The distinctiveness of the KETTLE name is already on shaking ground and it was important to draw support from the unique paper based solid color scheme to help consolidating the identity of its product
I will be interested to see how much longer that it could fend off other KETTLE cooked chips such as LAYS KETTLE COOKED
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LAYS make the exception for the KETTLE chips. Ordinarily LAYS name is much more prominent. But the PepsiCo send happy to let KETTLE COOKED take prominence.
The Australian High Court ruled that it is not am infringement if a word use used to describe the quality or characteristic in a product - such as in this case that it was Kettle cooked. This is lesson for all - the trade mark or brand should be fanciful word and not likely to be used to describe its quality. As such, PepsiCo's KETTLE COOKED words on the packaging will not infringe trade mark registration for KETTLE.





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