Designers and manufacturers Talking Tables Ltd launched a new product, Prosecco Pong®™, to the market in early 2017. After 7 months in development, the product bounced on to the shelves and became an instant success and became viral on social media in both the UK and the US.
However, despite registering the design, obtaining a trade mark, media coverage and vast experience in taking legal action against those infringing its rights, ACID (Anti-Copying In Design) member Talking Tables was troubled to see B&M Retail Limited selling, what appeared to them to be, an almost identical version. The similarities between Talking Tables original product, and B&M’s recent product are, in Talking Tables view, clear to see. The name, colours, size, composition and components could unquestionably be mistaken for that of Talking Tables Prosecco Pong®™.
ACID CEO Dids Macdonald, OBE commenting on the latest news said, “ACID members Talking Tables are leaders not followers, always ahead of the game as a result of their investment into design, innovation and fresh approaches to their product range. They also invest heavily into their intellectual property protection to fight the increasing emergence of look alike products; these are some examples of the challenges they face, what do you think?”
Other retailers have been spotted selling a Prosecco themed game. Details below.
B&M Retail Limited
Talking Tables has now noticed that national discount retailer B&M Retail Limited has released its own prosecco drinking game based on beer pong which they have called ‘Prosecco Shot Pong’. Talking Tables immediately noticed similarities in the packaging including the placement of 6 coupe champagne glasses on a table, the positioning of text, predominant colours used and the placement of the prosecco bottle.
Talking Tables are concerned that, as well as the similarities between the packaging of these products, consumers may be confused by the names. Talking Tables Ltd own a trade mark for the ‘Prosecco Pong’ name on their products and they are worried that consumers may be confused by B&M Retail Limited calling their product ‘Prosecco Shot Pong’ which is similar to the Talking Tables trade mark.
Talking Tables have instructed their solicitors to send a cease and desist letter to B&M Retail Limited who are yet to substantively respond. It should be noted that there has been a lot of publicity recently concerning B&M Retail Limited copying products and producing cheaper, inferior versions. This has included allegations in respect of an elf toy and ‘Pie Face‘ games.
Talking Tables has discovered a further product, this time being offered for sale by The Works, the packaging of which bears remarkable similarities to its own Prosecco Pong product in Talking Tables view. The product offered by The Works depicts 6 coupe champagne glasses which are also featured on Talking Tables original product. Other noticeable similarities include the presence and location of the bottle of prosecco and the colour and location of the strap line to the product.
Talking Tables has instructed their solicitors to send a cease and desist letter to The Works alleging infringement of their rights. A full response is awaited.
The success of Talking Tables ‘Prosecco Pong’ product has led to many similar products being offered by rival companies. One such product is being offered for sale by a company called Omicways Limited, trading as CGB, under the name ‘Pop, Fizz, Clink!’ When Talking Tables saw this product they were concerned by the similarities they felt existed in the packaging of the Omicways product. These similarities include the presence and location of a popping bottle of prosecco with spraying fizz and the inclusion of glasses of the same shape which feature pink ping pong balls either in or near the glasses.
Talking Tables instructed their solicitors to send a cease and desist letter to Omicways who have denied all allegations of infringement. Talking Tables are currently considering their options in how to pursue this matter further.