{"id":74431,"date":"2013-03-31T00:01:20","date_gmt":"2013-03-30T22:01:20","guid":{"rendered":"http:\/\/mybroadband.co.za\/news\/?p=74431"},"modified":"2013-04-02T08:26:09","modified_gmt":"2013-04-02T06:26:09","slug":"dont-mess-with-blackberry","status":"publish","type":"post","link":"https:\/\/mybroadband.co.za\/news\/technology\/74431-dont-mess-with-blackberry.html","title":{"rendered":"Don\u2019t mess with BlackBerry"},"content":{"rendered":"

BlackBerry<\/a> has lodged a successful Advertising Standards Authority of SA (ASA<\/a>) complaint against Liqui-Fruit\u2019s limited edition Blackberry juice marketing campaign, which BlackBerry argued used its trademarks and branding without permission.<\/p>\n

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

The BP Express advertisements each show a BlackBerry smartphone and three Liqui-Fruit BlackBerry juices. Each of the advertisements state \u201cStand a chance to win 1 of 30 BlackBerry 9220\u2019s\u201d.<\/p>\n

Clear Copy, on behalf of BlackBerry, argued that Liqui-Fruit does not have permission to use BlackBerry\u2019s trademarks and branding.<\/p>\n

\"Liqui<\/a>

Liqui Fruit BlackBerry Vodacom ad<\/p><\/div>\n

\u201cLiqui-Fruit\u2019s use of the BlackBerry branding creates the impression that BlackBerry is in some way involved with the competition,\u201d the complaint stated.<\/p>\n

\u201cIn the event that there is some problem with the competition, consumers will be misled into erroneously blaming BlackBerry for the problem.\u201d<\/p>\n

It was further argued that the BlackBerry branding has been used carelessly, and without conforming to the BlackBerry\u2019s brand guidelines.<\/p>\n

\u201cAn example of this is the spelling of \u2018BlackBerry\u2019, which varies between \u2018BlackBerry\u2019 (correct) and \u2018Blackberry\u2019 (incorrect),\u201d RIM argued.<\/p>\n

\"Liqui<\/a>

Liqui Fruit BlackBerry MTN ad<\/p><\/div>\n

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.<\/p>\n

\u201cOnly the Facebook advertisements were produced by Liqui-Fruit,\u201d the company said.<\/p>\n

Liqui-Fruit argued that there is no similarity whatsoever in terms of the look and feel between BlackBerry and the Liqui-Fruit advertisements.<\/p>\n

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.<\/p>\n

It was further stated that the incorrect spelling of the word \u201cBlackBerry\u201d as \u201cBlackberry\u201d was an honest mistake.<\/p>\n

\"Liqui<\/a>

Liqui Fruit BlackBerry Cell C ad<\/p><\/div>\n

The BlackBerry ruling<\/h3>\n

The ASA was not convinced, ruling that Liqui-Fruit\u2019s use of \u2018BlackBerry\u2019 exploits BlackBerry\u2019s advertising goodwill in the \u201cBlackBerry\u201d trade mark, and by imitating it.<\/p>\n

The ASA ordered Liqui-Fruit to withdraw its BlackBerry advertisements, and prohibited the company from using it again in future.<\/p>\n\n\t\t