Introduction

Brands embody strong reputations and feature powerful connections between producers and individual consumers. As such, they are valuable. That value attracts a wide range of commercial operators like bees to a honeypot, ranging from the criminal (in the form of the counterfeiter) to the legitimate (in the form of the welcome joint-venture partner) and everything in between. This chapter provides a perspective on the nature of brands and their value before focusing on a practice that has sat on the boundary between the lawful and the unlawful, that of parasitic packaging (aka lookalikes or copycats). Banned in some countries and implicitly permitted in others, this is a practice that has IP, competition and consumer dimensions. It is of long-standing concern to companies in the UK where there are insufficient remedies to safeguard consumers and protect brand interests.

It is surprising, bearing in mind that brands are present in so many markets, represent such value and influence positively the functioning of markets, that there is no common understanding of what a brand is. For some, ‘product’ and ‘brand’ is synonymous. In the IP world, some consider ‘brand’ and ‘trade mark’ to be interchangeable. Others talk of ‘rebranding’ in the sense that brands are no more than logos or simply an element of corporate identity. Differences in perspectives and interpretation inhibit common understanding of the role and significance of brands and thus make appropriate debate on the issues that matter more difficult.

The British Brands Group, a corporate membership organisation of brand owners, champions brands and seeks to ensure that competition is vigorous but fair in the UK. This chapter reflects the Group's perspective on brands and explores some of the many dimensions of parasitic packaging. It is inherently a business perspective but, as it embraces brands, is also consumer-centric in approach as we consider brands to rest in the minds and emotions of each of us. The views expressed focus in particular on fast-moving consumer goods (FMCG).

Exploring further the idea of ‘brand’ as a consumer-centric concept, the Group considers a brand to be the total understanding of and feeling for a product that rests within an individual, comprising that individual's total experience gained over their lifetime.