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Evidence gathering for a 'copycat' action


The evidence gathering steps necessary when establishing a case against a 'copycat brand'

Richard Young

Posted 03 March 2021 | JoTS Online


Content Tags:  Analysis|Retail|National


ANALYSIS: Misleading 'copycat' packaging can distort consumer choice even without counterfeiting. Examining the Consumer Protection from Unfair Trading Regulations, this article explores how trading standards can gather evidence to demonstrate mistaken purchases, mistaken attribution and breaches of consumer law.

Misleadingly similar packaging, sometimes referred to as 'copycat', 'lookalike' or 'parasitic' packaging, has become an increasingly common feature of the retail environment over recent years. A number of well-known retailers’ own-brand products bear striking similarities to branded competitor products in terms of the shape, format, colour coding and naming used in their...

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