The Gjovik District Court, Norway, held last month that Water of Norway AS had not unreasonably exploited Ringnes AS's efforts under the Marketing Control Act by using a similar bottle, in the absence of a trade mark or design registration.  The original Imsdal bottle (the bottle on the left) was used by Ringnes, a subsidiary of Danish drinks giant Carlsberg.  The moral of the story is that businesses that invest in the development of trade dress for their products are best advised to register it as a trade mark or design, rather than simply relying on unfair competition laws or betting on their own ability to establish rights eventually by making the trade dress well known.

Source: article, "Court pours cold water on bottle infringement claims", by Amund Brede Svendsen (Advokatfirmaet Grette, Oslo) for World Trademark Review.