Posted on : 2023-05-07 20:32:15
Article : Good morning, Monday- Perceptive Management Solution for TASK 240- Exampled Brand marketers legally fought against Counterfeiters/infringers to prove their brand ownership but not recovering the loss of sale.
In brands infringement occurrence mainly global brand manufacturers face the risk of their brand reputation and sales. When the brand is of high-end consumer product it is natural that low-income consumers aspire for that brand and compromise with a look alike counterfeit purely due to lower cost as one factor, while the other is if the brand is marking above 45-50% of market share then the counterfeits come into market concentrating on more dense and rural markets filling the market vacuum of original brand.
Presently as many brands are frequently launching number of brand and product variants, with this intensive brand manufacturer, activities of the infringers or counterfeiters are reduced to certain extent in CPG but in technology products and components it is still happening in large way. This has made the countries laws stricter in Intellectual property rights lowering the tolerance levels on counterfeiters in any country there by supporting the trade mark registered brand marketers..
Here below we see the solutions what referred brand marketers could gain on their trademark’s infringements..
Starbucks sued the Xingbake Café from brand infringement asserting that its trademark had been registered in China since 1996. A Shanghai court ordered Xingbake Café to discontinue the use of their version of the Starbucks name, and required that it pay Starbuck’s 500,000 Yuan, equivalent to about $62,000, in damages. This was the first ruling of its kind under a 2001 Chinese law (Noon 2006). Only few firms have been successful in legal proceedings in China..
In Russia Starbucks regained its right to use its brand after a favorable ruling against a “trademark squatter”. .
Unilever – The case of PONDS made in Paris was battled in court and the manufacturer was found o be from China. This was investigated by anti-counterfeit consultancy appointed by Unilever and the sellers are being prosecuted..
Apple –As the trade mark of Apple was not registered in China for selling their products, it is known that court battle will not solve the issue as the Trade mark is territorial and not global, hence Apple has settled with the seller in China paying huge money and with an MOU that local trader will remove his logo and establishments..
Louis Vuitton- Louis vuitton had to fight an infringement case against the comedy fashion company with no immediate relief. Remarkably the US Court of appeals ruled against claim of copy right breach stating that because of the element of parody the products were adequately differentiated and unique, there by negating any copy right or trade mark infringement..
Endpoint- Here the point is Brand manufacturers is cautioned to register trademarks, designs, formulas, and recipes of all their brands logos in all countries of operation. Company’s CSR with trade and sales staff regular checks in the market can lower the chances of infringement or counterfeiting. .
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