Don’t mess with BlackBerry

BlackBerry nails Liqui-Fruit for its limited edition Blackberry juice marketing campaign which rides on the BlackBerry brand

By - March 31, 2013
Liqui-Fruit BlackBerry Vodacom

BlackBerry has lodged a successful Advertising Standards Authority of SA (ASA) complaint against Liqui-Fruit’s limited edition Blackberry juice marketing campaign, which BlackBerry argued used its trademarks and branding without permission.

Liqui-Fruit launched an advertising campaign on Facebook and BP Express shops, using the BlackBerry name with a strong link to Vodacom, MTN and Cell C.

The BP Express advertisements each show a BlackBerry smartphone and three Liqui-Fruit BlackBerry juices. Each of the advertisements state “Stand a chance to win 1 of 30 BlackBerry 9220’s”.

Clear Copy, on behalf of BlackBerry, argued that Liqui-Fruit does not have permission to use BlackBerry’s trademarks and branding.

Liqui Fruit BlackBerry Vodacom ad

Liqui Fruit BlackBerry Vodacom ad

“Liqui-Fruit’s use of the BlackBerry branding creates the impression that BlackBerry is in some way involved with the competition,” the complaint stated.

“In the event that there is some problem with the competition, consumers will be misled into erroneously blaming BlackBerry for the problem.”

It was further argued that the BlackBerry branding has been used carelessly, and without conforming to the BlackBerry’s brand guidelines.

“An example of this is the spelling of ‘BlackBerry’, which varies between ‘BlackBerry’ (correct) and ‘Blackberry’ (incorrect),” RIM argued.

Liqui Fruit BlackBerry MTN ad

Liqui Fruit BlackBerry MTN ad

Bester Burke Slingers responsed on behalf of Liqui-Fruit (The Ceres Beverage Company), arguing that the advertisements that appeared at the BP Express shops, which contain BP branding, were produced by BP.

“Only the Facebook advertisements were produced by Liqui-Fruit,” the company said.

Liqui-Fruit argued that there is no similarity whatsoever in terms of the look and feel between BlackBerry and the Liqui-Fruit advertisements.

Liqui-Fruit also argued that it is both legal and acceptable to use the BlackBerry trademark in the context of offering it as a prize without the permission of the trademark owner.

It was further stated that the incorrect spelling of the word “BlackBerry” as “Blackberry” was an honest mistake.

Liqui Fruit BlackBerry Cell C ad

Liqui Fruit BlackBerry Cell C ad

The BlackBerry ruling

The ASA was not convinced, ruling that Liqui-Fruit’s use of ‘BlackBerry’ exploits BlackBerry’s advertising goodwill in the “BlackBerry” trade mark, and by imitating it.

The ASA ordered Liqui-Fruit to withdraw its BlackBerry advertisements, and prohibited the company from using it again in future.

More BlackBerry articles

BlackBerry vs Android vs Apple vs Windows

BlackBerry Z10 launched in the US

BlackBerry Z10: the MyBroadband review

Forum discussion

Shutterstock is the image partner of MyBroadband – more technology images

Join the conversation

Connect with Us

androidappletwitterfacebookgoogleplusfeednewsletter

Poll

Do you think Eskom should be privatised?

View Results

Loading ... Loading ...

More News

What your cellphone provider knows about you

Cyber Government online security privacy

There have been many reports of government institutions spying on South Africans – here is what information they can get about you from your cellular provider.

Best ever Cloud and Hosting conference in South Africa

Cloud and Hosting Conference Logo

MyBroadband’s Cloud and Hosting Conference has attracted the country’s top speakers, and promises to be the best event of its kind in South Africa.

MTN to CWU: Our bonus offer is already better than your demands

MTN logo

According to MTN, its bonus offer betters the CWU’s initial demands.

SA getting ready to miss digital TV deadline

Digital TV

South Africa is preparing to miss the International Telecommunications Union deadline for migrating from analogue to digital broadcasting by co-operating with Botswana

X

Newsletter Subscription


Name
Email *
Enter the following to confirm your subscription *
Captcha image


Free MyBroadband Newsletter
Subscribe
X
bool(true)