Do you think the vitamin water drinks in this photo look similar? Well, Energy Brands, the company that bottles Vitaminwater thinks so, and they have decided to file a lawsuit against Pepsi Co. for the look-alike packaging. Our marketing students know that 
packaging is trade dress, and is protected by trademark. Both drinks are packaged in clear wide mouth plastic bottles with the same shape and suspiciously similar labels. Energy Brands claims Pepsi is deliberately trying to confuse customers. Marketing Blurb believes Pepsi is in violation here and should know better. We would not be surprised, however, if Pepsi’s violation is innocent rather than deliberate. Moral of the story—send your package designer to the grocery store first. Photo Credit: Promo Magazine.
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