This podcast explores the world of copycat brands, from Walmart's Wumart in China to the success of a copycat cookie overtaking the original. It delves into copyright infringement cases in the music industry and the coffee shop industry, highlighting cases like Dumb Starbucks and the South Butt. The podcast also discusses the legal actions faced by Down-N-Out and the rivalry between Oreo and Hydrox as copycat brands. Overall, it navigates the complexity of parody versus infringement in the world of copycat brands.
Copycat brands risk legal battles by imitating successful original brands, often leading to lawsuits and controversy.
The Oreo cookie, now the best-selling cookie in the world, started as a copycat of Hydrox but surpassed its rival through effective marketing and distribution.
Deep dives
Copycat Brands and Legal Battles
Copycat brands often find themselves in legal battles when attempting to ride on the success of an original brand. Whether it's mimicking a logo, menu, or overall image, these copycats risk facing lawsuits. Examples include the case of Dumb Starbucks, where a comedian used parody laws to create a coffee shop resembling Starbucks, and the South Butt clothing line, which parodied the North Face brand. Other cases involve In-N-Out Burger successfully suing Down-N-Out in Australia and Oreo becoming a top-selling cookie despite being a copycat of Hydrox.
Hydrox and Oreo: The Cookie Copycat Battle
The origin of Oreo, the best-selling cookie in the world, can be traced to Hydrox. Hydrox was created four years before Oreo and was a rival cookie with a similar design of chocolate wafers and a vanilla filling. Despite Hydrox's initial popularity, Oreo's marketing and distribution prowess led to its dominance in the cookie market. However, Hydrox made a resurgence in 2015 after being temporarily discontinued in 2003, leading to an ongoing legal battle between the two brands.
The Case of Wumart and Walmart in China
Wumart, a Chinese department store chain, faced allegations of copying Walmart's branding and offerings. With over 1,000 locations, Wumart was accused of mimicking the store layout, low prices, and even using a similar blue logo. Wumart argued that the similarities were only noticeable to English-speaking individuals and that they aspired to become the Walmart of China. However, a court ruling favored Walmart, highlighting that Wumart had crossed the line between inspiration and appropriation.