1. Consumers have come to associate the packaging with the product
2. Consumers confuse the packages, believing a connection exists between them
3. The packaging isn’t just functional but a recognizable “indicator” of the brand
Result: Premier settled, agreeing to stop using the packaging and to pay Hershey’s an undisclosed sum to cover legal costs.
Result: Vi-Jon agreed to withdraw its oral rinse from the market
Result: PepsiCo agreed to change the label and cap on its new brand. No word on any changes to the ingredients, which vitaminwater also said mimicked its own.