Opinion / Jamie Waters
Bagging rights
Can a small plastic ziplock bag – of the sort that you fill with cosmetics while queuing for airport security – be trademarked? In an ongoing case that has received considerable internet scrutiny, the New York makeup brand Glossier is arguing that you can. It’s applying to the US Patent and Trademark Office to prevent anyone copying its signature candy-pink, bubble-wrapped ziplock bags.
Setting the legal arguments aside for a moment, Glossier does have a point. For the relevant demographic, this particular shade of plastic pouch has become a status symbol that is inextricably linked with the juggernaut brand, which was recently valued at $1.3bn (€1.2bn).
This example feeds into a proliferation of trademark cases in fashion and other consumer sectors, including alcohol. A recent global report by research firm CompuMark revealed that there have never been so many trademark applications (or infringements). This is perhaps a testament to the fact that, in an era when social media facilitates easy cross-pollination and copying of ideas, it’s ever-more difficult to create something unique (just think of how bizarre new brand names have become). So when a company does create something unique, it wants to hold on to it.
Call-out culture – shaming other brands for copying products – has become rife, especially on Instagram. At times it can verge on pettiness. But Glossier has made something genuinely distinctive in its packaging – and without having to slap a big logo on it, either. Surely that’s worth fighting for.