THE outcome of a recent clash between Specsavers and Asda has highlighted the problem of look-alike brands.

When dealing with product look-alikes, brand owners often rely on an unfair advantage claim – extended protection to prevent an infringer profiting from a famous brand’s reputation by filtering value to his own brand.

Earlier this year, a case considered imitation perfumes that winked at L’Oreal products. It decided that any link intentionally created could be unfair because it exploited L’Oreal’s prestige and marketing effort.

The Asda case revisited, among other things, unfair advantage with evidence of Asda intentionally choosing a logo and strap lines which evoked the Specsavers brand.

The judge decided that not all links with famous brands will take unfair advantage. Asda’s strap line “Be a real spec saver” rode on Specsavers’ coat-tails, seeking to convey Specsavers’ reputation for value. However, “Spec savings at Asda” was a pun calling the Specsavers brand to mind in a weaker way, and consequently not giving Asda a leg-up.

Asda’s logo was not close enough either, and any link was diluted by the prominence of Asda’s name.

Despite living dangerously, the advantage to Asda was too slight to be judged unfair.

This is good news for retailers marketing products that wink at their branded equivalent, because it suggests the risk of being sued is smaller if their own name is prominent.

For brand owners, restraining look-alikes remains challenging. Even where there is intention to parody, they will need to show the link is close enough to influence consumer behaviour.