A range of brightly coloured alcohol shooters named BUZZ is set to disappear from liquor shelves after manufacturers Craft Link undertook to withdraw the product in the wake of a formal complaint from the owners of a similar brand, BUG.
KWV Intellectual Properties filed a complaint against advertisers Craft Link with the Advertising Regulatory Board, accusing them of creating a product that was an imitation of the existing BUG shooter range.
They argued that BUZZ was taking advantage of the goodwill relating to the advertising property vested in the BUG packaging.
KWV Intellectual Properties argued that while there were some differences, these were immaterial as both products are the only two that “contain indisputable and immediately apparent similarities in packaging architecture”.
The ARB directorate noted that while it did not have jurisdiction over non-members, it accepted Craft Link’s undertaking that the BUZZ range would be withdrawn and saw this voluntary undertaking as an adequate resolution to the complaint
They complained that the BUZZ packaging has a bee illustration at the top of the label in a similar position to the Bug-man illustration on the BUG label and that the BUZZ trade name is conspicuously similar to BUG — both presented in white with a green outline directly beneath, an insect-like character and on both cases the barcode appears at the bottom of the label.
In addition, the label is in the shape of a shield and the product is contained in a transparent hip flask-style bottle.
Craft Link’s lawyers noted that as the company was not a member of the ARB and therefore not bound by its rulings, the board would rule on the matter for guidance within the industry and their response to the complaint should not be regarded as a submission to the jurisdiction of the ARB.
The lawyers said they did not believe that the BUZZ packaging amounted to a contravention of the Advertising Code of Practice, but stated that Craft Link had elected to halt production and distribution of the BUZZ range within three months.
The lawyers said product withdrawal should not be construed as an admission of guilt or liability.
The ARB directorate noted that while it did not have jurisdiction over non-members, it accepted Craft Link’s undertaking that the BUZZ range would be withdrawn and saw this voluntary undertaking as an adequate resolution to the complaint.
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