RV FEATURE
PROTECTING VISUAL IDENTITY
While patents protect how a product works, and design registrations protect how a product looks, passing off laws protect the visual identity that people associate with a brand.
A patent grants a temporary monopoly that will eventually expire for the betterment of market competition, whereas passing off laws protect a brand’ s public image. For this to work, the shape in question needs be incorporated into that image. In Flat Out’ s case, the shape of the Multi-Reel is embedded into its logos, packaging, image backgrounds, and even the‘ favicon’ on its website. The shape is an integral part of the brand’ s public image.
Zoe uses Coca Cola as an example.“ The Coca-Cola bottle is a classic example of a shape that has become strongly associated with a brand and is protected accordingly. This is why we fought: the Multi-Reel shape is deeply ingrained in our identity.”
“ We ' ve already started helping others in the industry think this way and brand accordingly. Often, when people discuss a product with random people at a caravan park, they remember the convenience, the feeling, and the visual design before they
remember the brand name. Visual markers are often recognised before text, which is why they can become such an important part of a brand.”
The message is that under Australian law, when set up correctly, a company’ s public brand identity can be protected. These laws helped prevent a product Flat Out believed was too similar to the original Multi-Reel from being sold in a way that could confuse customers. Ultimately, it helped protect customers from purchasing a product they may have believed was a genuine Flat Out product.
But none of it was automatic. It only happened because the proprietor of the original company stood up, said‘ no’, and put her money where her beliefs were.
So yes, in some instances, imitation may be seen as a form of flattery. But in the real world, where imitation can place real pressure on livelihoods, it is encouraging to know there is a pathway to justice when a product is brought to market in a way that may confuse customers and undermine years of hard work. As we all know, that happens all too often.
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