Brand Confusion - Mckays Ice-Cream Versus The Waitrose Euivalent

[DTCwordfan]

My local Waitrose has had its freezers knocked out for weeks, 2 months at least. Anyway, this week they were up and running and I picked up a tub of what I thought was Mackies - talk about brand confusion......

Naughty by Waitrose as the old EEC law was clear - any product that through its branding look to confuses the client in its brand representation, be it it product, packaging design, colour etc, is illegal.

What do you think of these two?

1.Mackies'.... https://www.mackies.co.uk/wp-content/uploads/2021/06/2021-b.jpg

2. Waitrose... https://ecom-su-static-prod.wtrecom.com/images/products/11/LN_497568_BP_11.jpg

The Mackies tastes better though the Waitrose isn't bad and better than a Carte d'Or/Walls etc.

[jno]

different ingredients - and tastes - as well as different brands; the Mackies makes no claim to have clotted cream.

And there's really no resemblance between the two tubs in terms of decoration (though in my Waitrose they do stack them next to each other - I once got the wrong one, but that's because I didn't look properly).

[barry1010]

The EU law clearly isn't working, you only have to look at the non-branded goods in the likes of Aldi to see that.
I do think there is no particular resemblance between the two ice cream tubs, though

[douglas9401]

Lost your lenses?

[barry1010]

Talking of vanilla ice cream, I used to like Kelly's

[DTCwordfan]

nope - the jno 'factor' in my case, as well.....

[TheWinner]

One is dark blue with a woman milking a cow, the other has pale blue stripes. Personally, I don't think they are alike.

[Tilly2]

They look very different to me.

[DTCwordfan]

not alike but is there a risk of brand confusion....and when we have been starved of a whole aisle, both sides of no freezers for so long...

[bednobs]

let meget this straight ... you are saying you believe putting 2 completely different tubs of ice cream in a freezer next to each other is against the law, because they confused you??

[DTCwordfan]

a contravention - when we have been starved of our preferred ones....yes.

[DTCwordfan]

not that there is much hope, I would accept!

[TheWinner]

to make up for it, get two Mackie's next time, and treat yourself for being deprived.

[douglas9401]

But how will he know which is which? It's a worry.

[DTCwordfan]

lol, I just don't know....

[Old_Geezer]

It's a different blue, one has stripes, the other not. Don't see there's a case.

[THECORBYLOON]

I've put them side by side.

https://ibb.co/YdrZJwZ

Are you sure you could confuse them still?

[douglas9401]

You've clearly forgotten 'that dress' OG.

Of course shopping when two bottles in doesn't help.

[Old_Geezer]

No, not really. I'm just aware that half the folk who looked at it had faulty eyesight. Or maybe faulty mental interpretation/perception.

[roopower]

Sorry, but apart from both having shades of blue on them, I can't see they look alike.

[bhg481]

An expression involving "Specsavers" springs to mind.