Features

Tales of a market (milk)shake-up

By Renata Cavalcante Carneiro Da Cunha

What happens when consumers and the law have different understandings of what makes a brand? Bob’s Ovomaltine milkshake provides a useful case study on the interplay between branding and customer perception

Often trademarks do not have the same function and meaning for consumers as they do under trademark law. The law defines a ‘brand’ as a sign which identifies products or services. However, from the consumer’s perspective, brands can be associated indelibly with the product or service itself – which is what appears to have happened with the Ovomaltine milkshake sold by Bob’s fast-food chain (the third-largest fast-food chain in Brazil and one of the largest in Latin America).

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Issue 71