Lidl has opened the war with Coca-Cola. The German supermarket chain has presented the new packaging of its white label soft drinks brand, Freeway, and has surprised companies in the sector with its “remarkable similarities” with Coca-Colasomething that could cause some legal problems due to patent rights.
The new packaging, which for now is only available for physical sale in the Netherlands and Belgium, although it will most certainly reach the rest of the countries where the chain has a presence, replicates the colors, typography and label design of Coca-Cola soft drinks.
As can be seen in the photograph that illustrates this text, there are many differences between both brands, such as the fact that the red or grey of regular Coca-Cola and Diet Coke are barely distinguishable from the real brand or the typography of the vowels; the case of the orange soft drink is particularly striking, where they apparently imitate even the style of the fruit used in Coca-Cola.
“This phenomenon is not new in the world of private labels, which have historically integrated design elements from A-list brands into their designs. However, the degree of similarity this time has led some to question whether Lidl may be going too far in their efforts to capture the essence of the most recognized brands,” explained this weekend Javier Pérez de Leza Eguiguren, specialized consultant in the distribution sector and CEO of Future Retail.
Lidl downplays the controversy.It’s a nice rebrand “And the colours are recognisable to the customer, that’s true. But not to the point where it causes problems. Precisely for the sake of recognisability we work within a certain range. The same goes for other private label products: similarities with minor differences,” Isabelle Colbrandt, a company spokesperson, explained to the Belgian daily. The Newsblad.
For its part, the only statements from Coca-Cola on the matter also reached this newspaper. The spokesman for the American company assured that They are already aware of the packaging in question and are analyzing how they will approach it.. They got up has contacted both companies and has not received a response from either.
Possible legal battle between Lidl and Coca-Cola
This apparent copy of the new Lidl soft drink labelling could open a battle between the German company and the food giant. “Lidl is really pushing the boundaries with these new designs and I’m sure they will be successful.” will face litigation “by the American giant,” Pérez de Leza adds in his daily LinkedIn posts.
Legal sources consulted by They got up They explain that this is a problem framed within the patent laws. Given these possible indications of copying by Lidl, Coca-Cola has several avenues to follow, always on a voluntary basis. Firstly, initiate official communications with Lidl to “extrajudicially” request it to withdraw this product.
If this communication is not satisfactory, they have the option of initiating consumer arbitration to try to reach an amicable solution that does not require legal action.
The last step to follow would be to file a lawsuit through a commercial court, so that the “matter can be settled and discussed within the framework of a procedure.”
Sources in the distribution sector explain to this newspaper that although at first it may seem “a textbook case”, perhaps Coca-Cola has no commercial interest in starting the possible legal proceedings, and it may remain a simple anecdote. “A lawsuit could, paradoxically, generate even more publicity for Lidl, “which poses an interesting dilemma for Coca-Cola as to whether or not to proceed with legal action,” the retail expert said.
Various sources in the sector indicate that this could be a deliberate strategy on the part of Lidl. Mainly because “because He is interested in comparing his product to that of Coca-Colawhich is evident at the level of packaging design and communication.
Source: www.vozpopuli.com
