Knock-off
Recently, the German supermarket introduced its own rosé under the name Rosalie, in a typography that can also be described as ‘elegant’. An ‘insider’ at Kylie Wines told the Daily Mail that Minogue is considering legal action. The Aldi rosé is said to be a ‘knock-off’ of the Kylie rosé.
Pain Point
Well, tricky. Of course, the bottles do resemble each other. But that’s often the case with two bottles of rosé! The real issue lies, of course, in the spelling of both names. Still, if I were to make a prediction: well played, Aldi! Kylie won’t win this one.
The Downside of a Famous Name
Although the bottles show some similarity, I don’t believe it’s confusing. A crucial point in the comparison of the bottles might actually be that the name Kylie (although perhaps a bit difficult to read here) is widely recognized as the first name of a world-famous artist. You wouldn’t easily confuse it with a name like Rosalie. This is known as “neutralisation” in trademark law—the clear meaning or association of one of the trademarks creates a distinction (see also our previous blog on Apple/Opple). That’s the downside of having a famous name.
Messi vs Massi
However, it can sometimes be an advantage. A few years ago, the footballer Messi wanted to register his name as a trademark in Europe for, among other things, clothing. However, an older registered trademark, Massi, already existed for clothing. Massi objected, but despite the strong similarity between the names Massi and Messi, Massi lost the case. Why? Messi is such a famous name that you’d never confuse it with Massi. And so Messi got his trademark. Lucky break for Messi.
Bas Kist
Banner image of Kylie: marcen27 from Glasgow, UK, CC BY 2.0, via Wikimedia Commons
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