ASA Rules in Favour of Frankie's

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Lounger

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ASA rules in favour of Frankie’s

Woolworths has to withdraw product range from shelves.

PRETORIA – In a case that has often been dubbed the David and Goliath face-off in the beverage sector, the Advertising Standards Authority of South Africa (ASA) ruled on Wednesday in favour of KwaZulu-Natal beverage producer Frankie’s soft drinks.

Frankie’s had gone to the ASA over the branding of a Woolworths’s product, saying that the retailer is causing confusion in the market and blatantly copying its products and packaging.

Frankie’s produces four flavours of soda in its small factory in the KwaZulu-Natal Midlands. The company is named after the wife of the owner, Mike Schmidt, and employs only 12 people. It produces about 10 000 litres of soda per day.

When Woolworths launched their retro old-style range of sodas, all four flavours were the same as Frankie’s and the smaller producer maintained that the bottles and branding were also extremely similar.

Mike Schmidt, owner of Frankie’s, told Moneyweb welcomed the news.

He said the ruling stated that the ASA could come to no other conclusion than that Woolworths intentionally copied Frankie’s slogan and have been instructed to withdraw the products from its shelves immediately.

“They are also not allowed to produce the range in its current guise ever again,” Schmidt said.

The furore has been raging even on social network platforms and comments on Twitter are already suggesting that the victory be celebrated with a Frankie’s beverage.
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http://www.moneyweb.co.za/mw/view/mw/en/page292520?oid=560966&sn=2009+Detail&pid=287226
Nice victory for the small guy.
 
Pathetic victory....

The bottles and branding were not similar at all... and the fact that the ASA thinks they could have come to no other conclusion is absurd.
 
don't see the ruling yet, suppose it's coming
http://asasa.org.za/RecentRulings.aspx

however ruling doesn't make sense to this response (seems that it's only wording, not actual product :confused:)
Woolworths SA
Hi Jeanette, just to clarify. The issue was never about our vintage soda range. Frankie's complained about the use of the phrase, "good old fashioned". Obviously we are disappointed by the ruling of the ASA, as it is our belief that the phrase is an everyday one. We will implement the findings of the ASA and remove the phrase from our vintage soda labels.
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I don't think Frankie's did a good job in their submission to the ASA, so the outcome may not match the substance of the complaint.
 
Lounger said:
I don't think Frankie's did a good job in their submission to the ASA, so the outcome may not match the substance of the complaint.
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I'd wait for the proper ruling result on Asasa then.
 
B.O.F.H. said:
Pathetic victory....

The bottles and branding were not similar at all... and the fact that the ASA thinks they could have come to no other conclusion is absurd.
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  • Stripes, size, identical range (all 6 included + 1 of their own).
  • Unique flavour copied.
  • Phrases copied.
+
coupled with the fact that prior to launch they met and discussed Frankie's game plan when Woolies had already decided to roll out their own. It all adds up.
 
Lounger said:
  • Stripes, size, identical range (all 6 included + 1 of their own).
    [*]Unique flavour copied.
  • Phrases copied.
+
coupled with the fact that prior to launch they met and discussed Frankie's game plan when Woolies had already decided to roll out their own. It all adds up.
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I can't agree with that. Their dandelion mix has been done by the british since 1260's. Same with other tastes, that type of mixing is nothing new.

Dandelion and burdock is a traditional British soft drink, drunk in the British Isles since about 1265
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Frankie’s produces four flavours of soda in its small factory in the KwaZulu-Natal Midlands. The company is named after the wife of the owner, Mike Schmidt
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His wife's name is Frankie?
 
Woolworths-F.jpg


Similar naming ( even the Fiery Ginger Beer ) along with the "Classic Sodas" brandishing,even without identical bottles this and the others is close enough to raise an eyeybrow
 
Lounger said:
Cinnamon Cola
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Google?

http://www.homebrewtalk.com/f95/first-homemade-soda-cinnamon-flavored-75151/#post786492
http://americas.monin.com/cocktail-recipe/cinnamon-cola-float#/cocktail-recipe/cinnamon-cola-float

If the palate calls for something cooler, try the milkshakes, iced tea, fruit juice or old fashioned lemonade and cinnamon cola.
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what about Bashews ?

seems they didn't invent cola, cinnamon or use of it together. to think they was first is a bit of an overstatement.

:edit
no one can trademark a taste, that would just be stupid. recipe yes which in this case isn't limited to their use only as any fool can mix cinnamon and cola...
 
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Frankies is a joke.

I'm glad after all their complaining and whining they only "win" they get is the removing of "good old fashioned" if I understand correctly.
 
He is going to be pissed when he realized that woolies is still going to sell the same thing with a little slogan missing :D
 
Mila said:
He is going to be pissed when he realized that woolies is still going to sell the same thing with a little slogan missing :D
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and still make buttloads more money than Frankies does on those specific products.
 
Mila said:
He is going to be pissed when he realized that woolies is still going to sell the same thing with a little slogan missing :D
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Maybe he must sue pepsi (Pepsi Fire/Pepsi holiday spice) next for their mix of cola and cinnamon, I mean it is limited to frankies only.
 
What about SPAR. They now sell DR Pepper and that is cinnamon cola if you ask me..
Who gave them the right to import what he stole from!!
 
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