The UK High Court just ruled in a lawsuit filed by the major tobacco manufacturers. The marketers argued that the government was effectively taking away their trademarked intellectual property rights, leaving them unable to display marketing and branding symbols they've invested in and protected legally against competitive use for many decades.
The judge ruled against the tobacco marketers, saying:
'The essence of the case is about whether it is lawful for states to prevent the tobacco industry from continuing to make profits by using their trade marks and other rights to further what the World Health Organisation describes as a health crisis of epidemic proportions and which imposes an immense clean-up cost on the public purse . . . In my judgment the regulations are valid and lawful in all respects'.In his decision, the judge noted that marketing symbols and brand designs exert 'a causal effect upon consumer behaviour and encouraged smoking'. In addition to requiring plain packaging on cigarettes sold in the UK, certain types of packaging (such as 'lipstick' packs targeting female smokers) will be banned. Retailers are allowed to continue selling current inventory of branded packaging until stocks are depleted. After that, packs such as the one shown above will be the standard, with branding allowed but only within strict guidelines.
