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McVitie's Pursues Burton over 'Copycat' Pack Claims

Magazine article Marketing

McVitie's Pursues Burton over 'Copycat' Pack Claims

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McVitie's pursues Burtons over |copycat' pack claims

Biscuit giant McVitie's has lost its battle to secure an injunction preventing rival Burtons from using a "copycat" pack design on its Jaffa Cakes brand.

The High Court threw out the request last week. But Burtons - owned by Sunblest and Vitbe parent Associated British Foods - may not yet have won the six-month-old war. United Biscuits' McVitie's is to pursue its plagiarism claim.

"We're very disappointed at the judge's decision," says McVitie's managing director Brian Chadbourne. "We remain concerned that consumers may be confused by the similarity of the Burtons pack designs." He is to explore new legal avenues to get the Burtons design pulled.

Chadbourne warns that McVitie's has not been deterred from taking future legal action against other copy-cat rivals. "We are determined to protect our brands from unfair competitive action," he says. "We will continue to challenge through the courts any future developments by any of our competitors which we consider to be blatant |passing off' of our packaging designs."

Meanwhile, Burtons claims it has been "totally vindicated" by the court's verdict. "We wanted to contemporise our existing design," says Jaffa Cakes brand manager Paul Chmielewski. …

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