• by Karl Greenberg , May 2, 2008

Whirlpool Corporation's KitchenAid brand is launching a battle against rival appliance maker Kenwood Limited. At issue is the design of the KitchenAid mixer, whose design is to countertop appliances what the Porsche's 911 profile is to sports cars, or the Jeep grill is to off-road vehicles.

Technically, Whirlpool Properties and KitchenAid Europa are suing Kenwood Limited, a subsidiary of De' Longhi S.p.A., of Italy, for infringement of the shape of the KitchenAid stand mixer, which is a registered trademark.

The suit, filed in the High Court of Justice in London, England, says Kenwood "willfully copied, and now infringes the trademark shape of the KitchenAid stand mixer, which has been in use since 1937."

Whirlpool acquired KitchenAid from The Hobart Corp. in 1986. Whirlpool acquired Maytag and its brands in 2006. The company is hoping to stop Kenwood from marketing its kMix mixer in the European Union. The company is also seeking damages.

The company says it has done this 80 times in recent years and has won every time.

Says Brian Maynard, director, brand marketing, KitchenAid: "Its unique shape has been granted a registered trademark by the U.S. and other governments, which means the shape--even without usage of the KitchenAid brand name--is protected by law. We are acting to prevent consumer confusion and unfair advantage being taken of the distinctive KitchenAid shape. We will vigorously protect this trademark, as we have time and time again, and fully expect to prevail as we have in every prior case."

Jack Trout of strategic position firm Trout & Partners says design is an important element in some brands, but not all. "The Apple approach for Mac and iPod is critical as it delivers a differentiator. So it is with BMW and Mercedes," he says. "Expensive products need it far more than less expensive products. It can reinforce the prestige." He says, for example, that Lexus design is more about vehicle interiors than exteriors. He argues that in the appliance world, "KitchenAid is not known for design."

Whirlpool Corporation, which posted sales of approximately $19 billion last year, markets Whirlpool, Maytag, KitchenAid, Jenn-Air, Amana, Brastemp, Bauknecht and other major brand names.