Vart tog EMV vägen?: En analys av Marknadsdomstolens utvärdering av imitering i dagligvaruhandeln

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This paper discusses the issue of trade dress imitation in the grocery sector. Our study has its starting point in the conflict that may arise between a brand owner and an imitator following an imitator’s marketing actions. In this study we look at the Market Court’s precedents in which this question has been addressed. Analyzing these rulings in the light of marketing theory, three areas of interest are brought forth: brand owners’ protection of brand equity, the good of the consumers and fair competition. We conclude that although the consumer is given a very central role in the Market Court’s rulings, the outcomes have the most palpable effects for the brand owner and the imitator. Further we somewhat question the fact that imitation is condemned by the Market Court if there is a risk of consumer confusion. Given the proliferation of look-alike own labels employing an imitation strategy we were surprised to find that the analyzed precedents did not include one single case concerning retailers’ own-labels. We argue that this ...