DeosIP - De Gaspari Osgnach Intellectual Property’s Post

An interesting complaint was filed in the UK on the basis of the Portman Group's Code of Practice. Anyone can make a complaint against any product or promotion that they consider is in breach of the Code. Through the adoption of the Code the alcoholic drinks industry has committed to promoting its products in a socially responsible way, only to those 18 and over, and in a way that does not appeal particularly to those who are vulnerable, including the underage of course. The complaint was directed against a "Hello Kitty Pinot Noir" wine label, found to have particular appeal to under-18s. In essence, the complainant was disturbed to see alcohol sold under "a children's toy brand". Indeed, under the Codes of Practice, rule 3.2(h), a drink, its packaging and any promotional material or activity should not in any direct or indirect way have a particular appeal to under-18s. The producer argued that the brand does not focus on children but instead appeals to all ages, including adults who had enjoyed it in their childhood. However the panel found that both the Hello Kitty character in general and the specific features of the contested package have a direct and particular appeal to children, so in the end the producer confirmed that it would stop sales of the product in the UK. I have a strong opinion on the decision, but I won't express it now because I'd like to hear yours first, so please don't be shy !!! The full decision can be read here.