Biscuit brand tussle takes eyes off the ball

Firstly, because it will help clarify what constitutes unfair exploitation of an existing brand's visual language. And secondly, because it begs the question why South African companies are wasting valuable time and resources fighting over packaging plagiarism when they should be playing fair and developing strong and robust brands which help drive category growth and export competitiveness.

Kwality, a family business based in Bronkhorstspruit, has been involved in various Advertising Standards Authority disputes with National Brands. Last month the ASA ruled that Kwality would have to withdraw its packaging for its Marie and Lemon Cream brands. In earlier court rulings, Kwality was ordered to alter the packaging of its Tea Lover brand, which compared too closely with Bakers' Tennis biscuits, and Bon-Vita, a look-alike to Bakers' Provita.

One can see why a hungry and feisty newcomer might want to gently hijack a well-established brand's imagery. It's a short-cut to a pedigree and the possibility of being taken by rushed shoppers for the real thing can increase sales, especially among less literate and sophisticated consumers. And it's understandable that a brand with millions invested in its consumer share of mind will act to defend its space.

But surely the hours of shrewd planning that goes into trying to profit from riding in a big brand's slipstream could be better spent in developing a truly competitive offering, or a fresh new brand, or exploring new distribution channels? It seems that the time, money and management energy that has to go into litigation could be better spent.

National Brands is an ethical and responsible marketer who manages some of the country's best known brands. Kwality Biscuits, for its part, aspires to compete aggressively in a manner that has created some raised eyebrows.

Proudly South African aims to encourage the building of new and existing quality South African brands that can compete and grow the domestic market in a responsible way, and compete internationally to the benefit of the country as a whole. (National Brands has committed itself to these goals, and was in fact the first major consumer goods manufacturer to join the Proudly South African campaign. Ironically, Kwality Biscuits was the first to slap the logo onto its products illegally, and had to be asked to remove it, or prove that it met the campaign's standards. It eventually removed the logo.)

But only brands which are unique in their presentation and which have a foundation of integrity can meaningfully contribute in this way. It is for this reason that it is unfortunate that Kwality Biscuits has not done more to avoid raising the ire of an established marketer, and that National Brands has had to defend its brands' equity in the courts.

Whatever the outcome of the court case, South African marketers should spend more time developing their own competitive edge and less time trying to chase success by playing packaging games that serve only to confuse and possibly mislead the person that really counts -- the consumer.