Luxury car or luxury chocolate?

BY JACOB BENTHIEN

INTELLECTUAL PROPERTY: If a luxury chocolate tries to usurp that aura of prestige, luxury and quality that Rolls-Royce represents by copying its world-famous logo, trouble is in store. Brands need protection.

“Look dad, look at that super Rolls-Royce.”

Lawyer Christian Bardenfleth of solicitors firm Zacco in Copenhagen was on his way to the bakers one Saturday morning, when his 8-year-old son made the above comment. But when Bardenfleth looked, it was neither the Queen’s limousine or the British ambassador’s car he saw. It was an ordinary van, but the sides of the vehicle were adorned with the unmistakable logo. This van was clearly advertising Rolls-Royce.

Now Christian Bardenfleth is no ordinary lawyer. Zacco Legal is affiliated to Scandina-via’s largest consultancy company specialising in Intellectual Property (IP), and Rolls-Royce Motor Cars is among the company’s clients. Taking a closer look at the logo painted on the van, he saw that the two intertwined letters in the logo were not the two Rs of Rolls-Royce, but a P and an R. And instead of the words “Rolls Royce” it said “Belgian Chocolate.”

CLEAR RULING

That morning, Bardenfleth junior had set in motion one of his father’s more spectacular cases regarding violation of a brand. The target of his legal attention was a manufacturer of luxury chocolate. The initial letters of the manufacturer had been formed into a gold-coloured logo, which according to Bardenfleth – and later the court in Copenhagen – clearly exploited Rolls-Royce’s aura of prestige, luxury and quality. The court’s ruling was clear. The chocolate manufacturer had to cease copying the logo, and was also ordered to pay one of the largest compensation sums seen in a brand-related case in Denmark.

“The case was special because it also involved carrying out two market surveys, which helped to prove the recognisability of the Rolls-Royce logo,” says Christian Bardenfleth. “Even without the words Rolls and Royce, the two intertwined Rs were enough for 82% of respondents to associate the logo with Rolls-Royce. And with the words added, the logo was recognised by 95%. The chocolate manufacturer’s exploitation of the Rolls-Royce logo was a clear violation, and the case has helped draw attention to the problems that especially large international companies encounter regarding protection of their IP rights.”

clients the most important element in their marketing, and what makes their customers keep coming back. It is exactly these elements we try to protect via IP to ensure and expand our clients’ earnings. It can be quite complex to get to the core and prioritise costs, but it is always exciting to be part of creating value for a client in this way,” says Tove Graulund.

CREATING VALUE FOR CLIENTS

In line with globalisation, IP has become much more than simply protection of rights. To Bardenfleth and his colleagues at Zacco, strategic consultancy to companies has become a natural part of the entire complex which patents, brands and design registrations represent as a means of optimising clients’ businesses.

This is one of the reasons why Zacco, with offices in Denmark, Norway and Sweden, is not only Scandinavia’s largest IP consultancy company, but also why many Scandinavian and international companies have chosen to place their IP-associated business with Zacco. And with Zacco staff’s children, who keep their eyes peeled.

http://www.zacco.com