By Tijani Salaudeen
In light of the competitive business environment, it has become imperative for Beverage companies to protect their industrial designs not only to harness their Intellectual property right for their economic development but also to deter other companies from using them.
In today’s competitive business environment, beverage companies must protect their industrial designs from being used by competitors. Protective rights of beverage companies for their industrial designs are one of the most important intellectual property assets that they possess. This article will discuss the law of tort and intellectual property on the protective rights of beverage companies for their industrial designs. Concepts like passing off as an unfair competition shall be looked into under tort law, while concepts like trade dress, trademarks, and patents shall be looked into under intellectual property.
The WIPO defines industrial designs as “the ornamental aspect of an article which may consist of three-dimensional features, such as the shape of an article, or two-dimensional features, such as patterns, lines, or color.” From this definition, it could be deduced that Industrial designs are the visual characteristics of a product, such as its shape, configuration, or ornamentation, that make it aesthetically appealing. It is trite that companies have different industrial designs, which contributes to the distinctiveness of the products they produce. Hence, a company in other to gain this distinctiveness must maintain an entirely different industrial design.
The beverage company has been provided with legal protection from tort law and intellectual property law to guard against unauthorized replication of their industrial design. If the design is copied, the original owner of the design will be eligible for compensation. Additionally, the law can be utilized to issue a restraining order to the other company to keep them from further utilizing the industrial design of the beverage company.
The following are ways in which the law of torts and intellectual property law can protect and shield the beverage company from having their industrial design replicated without authorization:
Under Tort law:
Passing off
Passing off is a tort, or civil wrong, which is committed when one person passes off their goods or services as those of another. It is a form of misrepresentation which occurs when a person or company misrepresents the origin of goods or services, or creates the impression that goods or services are associated with or endorsed by another person or company. Passing off is a common law tort, meaning that it is not created by statute, but rather by the courts.
For example, a zobo seller may pass off their product as a Coca-Cola product, by labelling it with a similar logo or name, or advertising it as a Coca-Cola product. This would be an example of passing off, as the seller would be misrepresenting the origin of the product in a way that causes confusion or misleads consumers. In this case, Coca-Cola may be able to sue the zobo seller for passing off, as the seller has infringed on Coca-Cola’s industrial designs by creating a confusingly similar product.
Under Intellectual Property law:
1. Trademark
2. Patent
3. Trade dress
1. Trademark: A trademark is a unique sign, name, word, phrase, logo, or design used to identify and differentiate the products and services of one company from those of another. It is a form of intellectual property and helps to protect a company’s brand identity. Trademarks can be used to protect a variety of products, including beverages. For example, a beverage company may use a unique logo or slogan to distinguish its product from other beverage companies. The company can apply for trademark registration to help protect its industrial design from competitors. This trademark registration will allow the company to demonstrate that it owns the exclusive rights to use and control the logo or slogan for its beverage product.
2. Patent: A patent is a form of intellectual property protection that is granted by a government to an individual or company for a period of time. It gives the recipient exclusive rights to exploit and commercialize an invention or a new product or process. In the case of a beverage company and their industrial design, the patent grants them exclusive rights to make, use, and sell the product. This prevents other parties from using the same design or process to create a similar product and sell it. It also prevents competitors from copying the design and selling it as their own. This type of legal protection helps the beverage company maintain their competitive advantage in the marketplace.
3. Trade dress: Tradedress is a type of trademark protection that applies to product designs or elements of a product’s packaging. It refers to the overall look and feel of the product, including the size, shape, colour, texture, and other visual aspects. It is generally used to protect a trademark, such as a logo or design, from competitors who may try to copy the look and feel of a product. In the case of a beverage company, tradedress can be used to protect their industrial design from zobo sellers who may try to copy their product’s packaging. This type of protection helps to ensure that the beverage company’s product is easily recognizable and distinguishable from competitors.
In conclusion, intellectual property and tort law provide beverage companies with effective legal tools to protect their designs and ensure that their hard work and creativity are rewarded. These laws offer strong protection against infringement, allowing companies to remain competitive in the market and benefit from the value of their creations. By utilizing both these legal tools, beverage companies can ensure the success of their products and the continued growth of their business.
Tijani Salaudeen is a third-year student of the Faculty of Law, Lagos State University. Contact him through this mail: tijanisalaudeen2020@gmail.com
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