Rubix Agency’s Post

The M&S v Aldi Gin Bottle case is over. M&S sued Aldi in December 2021 for copying its "Snow Globe" gin line with Aldi's "Infusionist" brand. The High Court ruled in January 2023 that Aldi infringed on M&S's designs, finding Aldi's design differences minor and not creating a distinct overall impression. Aldi appealed the High Court's ruling arguing unsuccessfully that the High Court was wrong to hold that the 12-month period allowing M&S to disclose its design without the disclosures being considered in an assessment of novelty or "individual character" when registered, also applied to the assessment of infringement. The Court of Appeal has now dismissed the appeal and supported the High Court's decision, stating that disclosures during the grace period must be disregarded in both validity and infringement cases. The Court of Appeal also agreed with the High Court's finding that the differences between Aldi's and M&S's bottle designs were minor and did not create a different overall impression on the informed user. ~~~~ I write a weekly newsletter that helps 8,000+ readers stay up to date on the latest IP court cases involving top brands. You can sign up here for free: https://lnkd.in/e65qvN9F If you found this helpful like and share it with your network.

What a mess we can make of our toy industry from time to time, don't we? In The Netherlands we have a saying, translated in English goes like this: 'one's dead, is the other one's bread'. Thanks to the world suffering from the covid epidemic, the toy industry was celebrating 2 unbelievable good years. The industry was celebrating so much, it got drunk from consuming the successes. However, the industry forgot it was global misery that saved us after a couple of pretty bad years. Euphoria over reality, ignorance over awareness. The industry couldn't stop producing, buyers couldn't stop ordering and nobody was listening to sense: One didn't want to find the stop button, the 'rush' was feeling so good. It would last for ever, right? Few realised misery only lasts so long, and so does success. And then suddenly the industry hit the wall...hard, very hard. Inventory levels in the entire pipeline reached record high positions. The obsolete inventory industry saw a tsunami of goods, with new lists coming every other week. Rather than looking in the mirror, the toy industry blamed it on 'the economy' and 'recession is coming"! Huh?!?... Wasn't misery/recession good for our industry...? No it was greed, ignorance and the usual opportunism. A deadly cocktail, but we are only humans right? 2 steps forward, 1 step back. Then the panic button was hit and the industry went from right to left. I bet that the amount of money lost in 2023 will balance the profit the industry made in 2021 and 2022. What a waste! Talking about mess (and ignorance), let's take a closer look at our toy associations and trade fair organisers. If we, toy manufacturers/suppliers would treat our customers the way (some) toy associations and (toy) trade fair organisers currently do...we would be out of business, right? When directors of associations start believing it is all about them, then you get the mess we currently have in toy trade fairs. Do you know what salary the head of the US TA makes? It's an unbelievable amount and of course that guy (who can blame him) wants to keep his job and then there is always the old boy's network that keeps it all in place. But this attitude causes anarchy amongst the customers, resulting in the rise of the LA Previews in April and September. This is not a protest from us aka LA lovers, it is because we want to service our customers in the best possible way. Rather than finding consensus, the timing of the NYTF is nothing but disrespect to suppliers and customers. Yes the NYTF is almost sold out, but that is because it was already paid for when the previous NYTF was cancelled. Money wasn't given back to the customer, no...it was reserved for the next show. Now, eat that for breakfast! Ps. Rumours are NYTF is moving to Las Vegas....at least it is getting closer why not go the extra mile? #toys #toyassociation #toyfair #toyindustry #tradefairs #toynews #tradeshows #spielzeug #kids #lapreviews #nytf #newyork #la #nurnbergtoyfair #nurnberg

A very popular vaping brand, Voltbar’s ‘juice box with a straw’ shape has always been questioned. Why such a weird, inconvenient packaging to pick? The story is interesting. Voltbar is Malaysia’s top vape choice, and the product was designed to look like the ‘tea straw’ of local Mamak stores, which is basically ‘tong er cha’ served in plastic bags with a side-hole straw similar to old ‘aam dudh’ packets. Referring to daily use. The best part is how their tagline ‘Taste Our Power’ reinforces the packaging message: Smoke so thick you can literally drink it with a straw! Goes to show how powerfully you can design a good product, even if inconvenient to carry.

King C. Gillette Beard Balm's nourishing formula features argan oil and cocoa butter, and can be used as a leave-in conditioner or as a wash-off mask. Of course for slick and robust packaging, King C. Gillette came to Roberts Metal Packaging. #KingCGillette #packaging #luxurypackaging #mensgrooming #metalpackaging #metalpack #branddesign #brandpackaging #cosmeticpackaging #sustainablepackaging #packagingbrands

Winner in the spotlight! Following our post last week on the 2023 UK Packaging Awards, we now showcase the second of our award-winning projects – in the category ‘Branding Project of the Year’. This award winner was a project for a new brand launch by Pernod Ricard; they not only required a production process that maximised the vibrancy of the branded graphics, but enabled a short efficient production run. We created an SRP for a UK exclusive Limited Edition bottle launch, for impulse channels. The SRP’s had to be suitable to hold six 70cl Absolut Original vodka Bottles. Each bottle was pre-located within a paper-based bottle wrap. A digital print process was selected using our EFI Nozomi C18000 Plus digital press. This print process reduces material set-up waste and overall production waste, all while using reduced energy and water consumption. The judges at the UK Packaging Awards obviously loved it as much as we do! → https://lnkd.in/eTPPtxg2 ••• The UK Packaging Awards is a Packaging News event. Packaging news is part of emap. #Awards #Innovation #Branding

How To Select The Best Cigar Brands

One month before their next F15 Juvenile Product Subcommittees Meeting, ASTM International published the revised standard consumer safety specification for toy safety. The standard was revised by their F15.22 Toy Safety Subcommittee and approved on August 1, 2023. The revised standard includes changes to sound-producing toys, battery accessibility, expanding materials, and projectiles. https://lnkd.in/eK5smByE

Are you searching for the epitome of sophistication and style for your premium spirits? Look no further than our exclusive Honorius Bottle collection. Check out the entire range in our latest product spotlight blog by clicking the link below. https://wix.to/uvuAOtN #newblogpost #glassbottle #sen5es #sen5esblog #productspotlight #spiritbottles #spiritbottle #ginbottle

In the world of packaging, every detail counts. The choice of flute type – A, B, C, E, or F – is more than just a technical decision. It's an art that balances strength, protection, and presentation. 📦 Each flute brings harmony to your packaging, creating an unboxing experience that resonates with your brand's essence. So when packaging up your products, it's not just about boxes! 🌟 #rigidboxes #corrugatedboxes #flutes #cardboardflute #packaging #boxes #packagingsolutions #retailpackaging #custompackaging #sustainablepackaging

Important lesson for brands that are seeking a manufacturer/copacker for your products. A few weeks ago Adam Kroener from Carbliss - THE PREMIUM Ready to Drink Cocktail posted that they are seeking a new manufacturing partner - you can see his original post in the image. My team responded to the message and received the RFI. Within a few days we filled out the RFI, which was a basic question set about our available capacity, location of our operation(s), and confirming whether we had the basic processing capabilities for the product. A week later we were notified that Circle Beverage was not qualified to move forward in the process. We didn't have enough open capacity to support what Carbliss needed in 2024. We asked a few clarifying questions, and Adam immediately responded with the feedback & clarification we were looking for. Lessons for all brands: 1) Copackers want to get to a YES/NO as quickly as possible. No need for pleasantries and introductory calls. That can come once we know there is a fit. 2) The clearer that you are about what you need, the more likely you are to get manufacturers to respond. The harder it is for us to assess the opportunity or to respond, the less likely that it will happen. 3) Don't force a square peg in a round hole. If the manufacturer tells you it isn't a fit, it isn't. Follow up for clarification if you want it, but don't be pushy. It only burns a bridge for the future. 4) If you end up being in a position like Adam and you have to deselect manufacturer(s) in the process, tell them why. It will leave them with a positive feeling toward your brand and more likely to assist you in the future. #cpg #beverageindustry #contractmanufacturing