Related Set of Condition Applications Question 3 “Cacao Merivigliao“1 Several years ago, Italian con

Related Set of Condition Applications

Question 3

“Cacao Merivigliao“1

Several years ago, Italian
consumers flocked to grocery stores to buy “Cacao Merivigliao”
(Marvelous Cocoa) only to find that the product didn’t exist The creation of
the writers of Italian national TV’s “Indietro Tutta”
(“Everything Backwards – or AFull Speed Astern”) variety show, the
mythical Brazilian Cocoa began as a satire of TV spon¬sorship “Indietro
Tutta,” as a show, poked fun at other Italian variety TV offerings The
“Cacao Merivigliao” segments featured the show’s host, Renzo Arbore,
standing in front of a huge product logo–the face of a smiling Brazilian
girl–surrounded by Las Vegas style showgirl dancers The commercials
themselves were an over-the-top send-up of typical food and drink product ads

The satire backfired when
consumers began to insist on buying the product at their local stores The
question then became whether the product would ever become available Under
Italian law, the person or company who first registers the name of a new product
with the trademark office has the rights to it, and several individuals and
firms claimed to have been first on the scene at the trademark office The
Italian National TV Network (RAI), food marketer Buitoni (through its Perugina
candy subsi¬diary), cocoa importer Toschi Vignola, and film distributor Shlomo
Blanga all claimed to have registered the “Cacao Merivigliao” name at
about the same time

If Buitoni or Vignola win the
rights, Italian consumers will soon be able to buy “Cacao
Merivigliao” If, on the other hand, RAI or Mr Blanga (who claims merely
to be a fan of “Indietro Tutta”) win the rights, they have sworn that
the name will not be allowed to be used on a commercial product Complicating
the issue is the fact that the law states that a trademark can be retained only
if it is actively used

Questions

a How does this set of conditions
relate to the application of the marketing concept in a real world situation?

b Discuss the ethical
considerations behind the actions of the four claimants to the “Cacao
Merivigliao” name Are any of their positions ethically questionable?

c What changes, if any, would you
recommend be made to the Italian trademark law as a result of this event?

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