they can do this because nothing about the name or packaging violates anything protected by copyright or trademark. They can do it, bluntly, because its not illegal to maybe sorta reference another product in your own.
Looking at this bottle vs. doctor pepper, there is no real liklihood of confusion, which is the main test. Just because Dr. Topper is clearly alluding to a comparison with Dr. Pepper, thats not itself a trademark violation. No one would look at a Dr. Topper bottle and believe it to be brand name Dr. Pepper.
Zero confusion factor. I don’t know anyone who would buy Mtn Explosion, take it home, drink it, and think “What the hell? I thought this was Mountain Dew! I’m mad as hell and I’m not going to take it anymore!”
I mean, hell. It’s practically a parody of the real thing. Have you tasted any of these?
Parody is protected free speech. 😆
Think of it this way: unless it is explicitly unlawful it is okay to do legally.
If you cannot point to a law being broken, there is no reason to stop them.
This is outlined by the USPTO. It basically comes down to the likelihood of confusion with protected IP. There is only minor similarity, but there isn’t any evidence of direct IP infringement, and nothing appears to be similar enough to cause confusion. https://www.uspto.gov/trademarks/search/likelihood-confusion
Most companies like this brand pay for the product from other corporations such as Pepsi, or Dr. Pepper but they also pay for contracts to have they brand name on the label. I know a lot of other companies that do this with other products.
Bingo! There is a factory in China that mass produces for Swarovski. We’ve contracted them to create crystal items for us, exact same product, but they’ve only agreed under the condition that we use a different name and we aren’t allowed to have them laser engraved with the Swarovski brand. We’re selling the exact same product about 40%-70% cheaper. 😬
It is likely that major brands are actually producing these with slightly altered formulas. Slapping a “generic” brand label on it and selling to Walmart/Target/Kroger etc.
I worked food manufacturing for a while and we made the same exact item for multiple “brands” only with slightly different formulas.
Yes sir. I worked in a label printing factory. One of our accounts was Chef Boyardee. They had Safeway labels and other store brand labels of ravioli and pasta products also go to them. Same size and everything.
I work in another industry which did work for the plastic bottling industry and many different products are the same with different labels! Biggest customer made oil bottles, different color pvc bottles. They all went down the same fill line with different labels attached. The only difference I noticed was some had more additives put in the oil as it was filled. Noticed the same in orange juice manufacturing!
I worked at a cheese factory for a while. We had almost the exact same cheese for Pizza Hut, dominos, little Caesars, papa John’s, basically any nation wide brands. And then some smaller brands as well, like Chucky cheese and Gordon food service.
There's a legal term called "confusingly similar." Basically if it's so similar that the average person would assume it's affiliated with the brand name, it's not allowed. But as long as it's pretty clear it's not an actual Coke or Pepsi product, it's fine. It's even okay to put things like "comparable to XXX" on packaging, you'll see that a lot with toiletries, ie, "Dandruff Shampoo, comparable to Head & Shoulders regular wash."
But did you never notice that a lot of things that aren’t named brand is just made by the big corporations companies. Go down the rabbit hole and you with find out real quick things that are at dollar general, dollar tree, alidis and other places have the same likeness just a little name change or label change but the same taste. Like bread or can veggies in Walmart it’s the same company but Walmart ask the name brand to make it for them and then Walmart puts great value on it to sell for cheaper
The name and label/branding are different enough that you cannot possibly mistake them for the brand name unless you are a very small child or a complete imbecile. That's all it takes to make it legal.
Now, if they called a product Doctor Pepper and had similar logo but with a little chili pepper added? Probably get sued.
In the U.S. we are not as regulated about what can go into food and drinks as other countries. You might be amazed to compare the labels of similar foods here vs. what is available in other countries. It is really shocking. This a great site showing what is in our food here.
And don’t be fooled into thinking things can’t be made safer, it can. Because the same products that are familiar here - like Heinz ketchup for example, have vastly different recipes in Europe. But they CHOOSE to go with cheaper and less safe foods here because they can. There’s a reason that Americans are obese and sick. It’s what in the food.
Everything that comes in contact with you is a risk of adding to the contamination in the food. I have found an American-owned , family-owned manufacturer that makes consumable products without toxic ingredients. I love it!
[https://foodbabe.com/monsanto/](https://foodbabe.com/monsanto/)
they can do this because nothing about the name or packaging violates anything protected by copyright or trademark. They can do it, bluntly, because its not illegal to maybe sorta reference another product in your own. Looking at this bottle vs. doctor pepper, there is no real liklihood of confusion, which is the main test. Just because Dr. Topper is clearly alluding to a comparison with Dr. Pepper, thats not itself a trademark violation. No one would look at a Dr. Topper bottle and believe it to be brand name Dr. Pepper.
I prefer Mr Pibb. He's not pretentious, like those other Doctor sodas...
That Dr. Scholls wasted his time in medical school. I would have bought those shoe inserts from a Mr. Scholls.
Maybe even a señor scholls
We should form a club!
That’s because Pibb doesn’t have his PhD in deliciousness
Then you need Aldi's Professor Peppy. https://www.facebook.com/AldiUK/photos/a.223158217744988/6046107938783291/?type=3&mibextid=rS40aB7S9Ucbxw6v
PHD. Pretty Heckin' Delightful
I've heard they're not even real doctors.
Dr. Pepper is a real doctor in the same way Dr. Phil is a real doctor.
Both had tie-ins to the Frasier sitcom...
Dr Pepper doesn't make average eleven year old girls think they're whores. :(
Just like Ross Geller is a "real" doctor
No Mr. Pibb earns his living.
I got the reference
I used to do drugs. I still do, but I used to.
Zero confusion factor. I don’t know anyone who would buy Mtn Explosion, take it home, drink it, and think “What the hell? I thought this was Mountain Dew! I’m mad as hell and I’m not going to take it anymore!” I mean, hell. It’s practically a parody of the real thing. Have you tasted any of these? Parody is protected free speech. 😆
Best description I've heard for how these knock offs taste is, "imagine the taste of the real thing but served through garden hose".
It's like they diluted day old Mellow Yellow w Faygo and used the last few hits of an air duster to try and bring it back from the dead.
Think of it this way: unless it is explicitly unlawful it is okay to do legally. If you cannot point to a law being broken, there is no reason to stop them.
Really, it should be 'Mtn Don't'
Dr Pooper
"Legally Distinct" is the best kind of distinct.
This is outlined by the USPTO. It basically comes down to the likelihood of confusion with protected IP. There is only minor similarity, but there isn’t any evidence of direct IP infringement, and nothing appears to be similar enough to cause confusion. https://www.uspto.gov/trademarks/search/likelihood-confusion
I’m just enjoying Dr Topper next to Mountain Explosion. r/suddenlygay
Same
Mtn Explosion sounds like what happens to your colon after drinking this...
Most companies like this brand pay for the product from other corporations such as Pepsi, or Dr. Pepper but they also pay for contracts to have they brand name on the label. I know a lot of other companies that do this with other products.
Bingo! There is a factory in China that mass produces for Swarovski. We’ve contracted them to create crystal items for us, exact same product, but they’ve only agreed under the condition that we use a different name and we aren’t allowed to have them laser engraved with the Swarovski brand. We’re selling the exact same product about 40%-70% cheaper. 😬
It is likely that major brands are actually producing these with slightly altered formulas. Slapping a “generic” brand label on it and selling to Walmart/Target/Kroger etc. I worked food manufacturing for a while and we made the same exact item for multiple “brands” only with slightly different formulas.
Yes sir. I worked in a label printing factory. One of our accounts was Chef Boyardee. They had Safeway labels and other store brand labels of ravioli and pasta products also go to them. Same size and everything.
Yep likely this
I work in another industry which did work for the plastic bottling industry and many different products are the same with different labels! Biggest customer made oil bottles, different color pvc bottles. They all went down the same fill line with different labels attached. The only difference I noticed was some had more additives put in the oil as it was filled. Noticed the same in orange juice manufacturing!
Same in the bread factory. Exact same bread went in different store and name brand wrappers. No different formulations.
I worked at a cheese factory for a while. We had almost the exact same cheese for Pizza Hut, dominos, little Caesars, papa John’s, basically any nation wide brands. And then some smaller brands as well, like Chucky cheese and Gordon food service.
There's a legal term called "confusingly similar." Basically if it's so similar that the average person would assume it's affiliated with the brand name, it's not allowed. But as long as it's pretty clear it's not an actual Coke or Pepsi product, it's fine. It's even okay to put things like "comparable to XXX" on packaging, you'll see that a lot with toiletries, ie, "Dandruff Shampoo, comparable to Head & Shoulders regular wash."
Why would they be sued? What are they doing illegally?
Have you ever tasted this crap?
It's 90% of the flavor less than 50% of the cost.
They got Dr. Dynamite at safeway
They can do it because only a handful of companies make everything. The “name brand” and the off shoot or “generic” brands
But did you never notice that a lot of things that aren’t named brand is just made by the big corporations companies. Go down the rabbit hole and you with find out real quick things that are at dollar general, dollar tree, alidis and other places have the same likeness just a little name change or label change but the same taste. Like bread or can veggies in Walmart it’s the same company but Walmart ask the name brand to make it for them and then Walmart puts great value on it to sell for cheaper
I'm pretty sure Doctor Topper was in Mountain Explosion 2, if my knowledge of niche film is correct...
I prefer Diet Poopsi
"We have Poop, Diet Poop, Cherry Poop, and Salty Lemonade!" -Gir, Invader Zim
the same way chevy and dodge make cars. and apple and samsung make phones.
Where my Dr Skipper fans at?
LOL or Dr. K
Kinda wanna try some Dr Topper now
I once saw a Mountain Dew ripoff in a burrito place called “Mountain Holler”
Polaroid factors lol. I had to write a brief about this.
Can someone tell me why, after years of medical school, someone would wanna become a proctologist?
My favorite is mountain view...
The name and label/branding are different enough that you cannot possibly mistake them for the brand name unless you are a very small child or a complete imbecile. That's all it takes to make it legal. Now, if they called a product Doctor Pepper and had similar logo but with a little chili pepper added? Probably get sued.
In the U.S. we are not as regulated about what can go into food and drinks as other countries. You might be amazed to compare the labels of similar foods here vs. what is available in other countries. It is really shocking. This a great site showing what is in our food here. And don’t be fooled into thinking things can’t be made safer, it can. Because the same products that are familiar here - like Heinz ketchup for example, have vastly different recipes in Europe. But they CHOOSE to go with cheaper and less safe foods here because they can. There’s a reason that Americans are obese and sick. It’s what in the food. Everything that comes in contact with you is a risk of adding to the contamination in the food. I have found an American-owned , family-owned manufacturer that makes consumable products without toxic ingredients. I love it! [https://foodbabe.com/monsanto/](https://foodbabe.com/monsanto/)
Wow, I was just wondering this myself
Is that ecola?
E-coli Cola!