Role of Investigation and Online Platforms in Brand Protection

The market today is having number of different products which ranges from products of daily needs to luxury items, necessity to comfort goods etc. but everywhere we see a thing for brands be it any type of goods or services which raises certain questions in our mind like why consumers look for brands?  What is that thing that connects the brand owners and the consumers? Why they hesitate to go for non branded products?

The answers to all these questions are not very different, actually it’s all connected to each other and the crux is that all consumers prefer brands because of the “trust” factor which cannot be ignored. Yes, the consumers look for brands and connect to brands through trust and they do not want to go for other non branded products because they cannot trust them but the problem arises when they get fake products in the name of brands as it shakes their trust in the brand which they had.

Imagine that you buy any branded product and you pay accordingly and in return you get the fake branded product? This feeling disconnects the consumers from the brand. It’s not only disheartening for the consumers but also for the brand owners as they have their reputation on stake and also have financial stakes. So, consumers are not the only stakeholders in this piracy but also the brand owners. The only profit gainers are the people who are involved in such piracy directly or indirectly. Both the consumers and the brand owners have to jointly take control of such situations if they want any improvements in brand piracy cases.

The major problem is the ignorance. Number of times it happens that we ignore the piracy. When we buy a product and just because of laziness we don’t fight for our right then it’s not being lazy it’s being ignorant and supporting lack of knowledge. The very first step which should be taken by the victim of brand piracy is to file complaint on fake brands and should not think that it’s difficult as there are many supportive online portals which not only file complaints but also investigates in these matters.

Investigation brings an important turn in these cases as it provides strong evidence to these cases which is required to prove the complaint and also helps in bringing sure justice to both the stake holders.  These investigators’ brand protection services can be sourced from online platforms which work in the area of brand protection like Brands and Fakes is one of the site among these websites as it provides reliable and effective remedies for such fake brand products in the market.

So, both the consumers and brand owners should without much worry approach these online platforms which are easy and hassle free in access and give faster results as they take all the tension from filing of complaint to investigations to be done and thus providing a society free from brand piracy for both of the stakeholders that is consumers and brand owners.

TRADEMARK REGISTRATION: A NECESSITY FOR BRAND PROTECTION AND GUARD AGAINST FAKE PRODUCTS

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2. Trademark is a mark which differentiates a good from other goods and also it informs the consumers about the source of good. This is how trademark has been generally referred which is true, though, now the scenario is a bit different as trademark has been associated with the brand value which is increasing day by day and with these increase there is increase in the negative points like trademark infringement, passing off of goods which is a caution to the brand owners that they should keep a close check on their trademark so that they are far from all these threats. It is agreed that even years before these dangers were present to one’s trademark but one cannot deny that it has increased abundantly with passing time and today no one can even imagine to what extent it has reached.
   However, our trademark law that is the Trade Marks Act, 1999 doesn’t mandate the registration of the trademark and provides a remedy of passing off in case of violation of trademark rights but passing off remedy is more difficult in nature because the burden of proof lies on the plaintiff (the one who files the complaint) and he has to prove the ‘classical trinity’ as referred in the case of Reckitt & Coleman v. Borden (1990) which is as following:
   
   

   • One has to establish that the reputation of plaintiff is hampered by the use of the mark

   
   

   • Establish that misrepresentation made by the defendant to the consumer.

   
   

   • Such misrepresentation has caused or is likely to cause damage to the reputation of the plaintiff’s business.
   After these three grounds are proved the plaintiff will succeed in the remedy of passing off. Further in the case of Durga Dutt Sharma v. Navratna Pharmaceutical Lab (1965), certain points of differences have been highlighted between infringement and passing off:
   
   

   • In an action for infringement the right of the plaintiff is established by the evidence of registration. Therefore, registration itself acts as a proof, whereas, in an action for passing off the right of the plaintiff is based on the reputation of the plaintiff’s business.

   
   

   • Trademark infringement is a statutory right whereas passing off is a common law right.

   
   

   • Trademark registration is an exclusive right and property to be protected in the exclusive right is to use a particular mark whereas in passing off property which has to be protected is the reputation of plaintiff.
   In passing off the defendant might escape the liability if he can show added material on the packaging etc. which distinguishes his goods from the goods of the plaintiff where even the trademark owner has the information of fake products suffers loss and is unable to protect hi brand but that is not in the case of infringement and thus infringement is very strict as a remedy. 
   Thus, it is very necessary to get one’s trademark registered so that they can protect their brands adequately and brand owners can also contact the brand protection services in India which will help them in providing a platform to fight for their rights and Brand and Fakes is one such well known platform.

Investigation on Infringement; Vital for Growth of the Society

While the Intellectual Property formalities take place, such as registration of Trade Mark or Patent etc. Before and after these procedures are taken care of, it is extremely imperative for a business or brand to make sure that there is no forged brand, abusing or feigning your businesses’ intellectual property, together with brand name, logo etc. We at Brands and Fakes help you with trademark infringement investigation, since our expert team has the capability and knowledge to classify and analyze intellectual property infringement on behalf of the businesses.

As a brand, one puts in a lot of money and efforts in research and growth of their products and services they provide, for the betterment and health of the consumer purchasing and using these products. Counterfeited products on the other hand hamper the progress of these, ‘created with utmost effort products.’ These unlicensed products, be it jewellery, clothes, DVDs, softwares, end up costing the original product owner millions of Rupees in domestic as well as global market. The unfasten falsification of the forged products are unbolted and barefaced and repeatedly transpire without law enforcement involvement. Brands and Fakes works with several brand owners, volunteers, specialists on Intellectual Property such as trademarks etc to fight such violations on IPR.

In brand name violation and phoney products, ‘cause investigations’ are usually used to investigate and report fake products. For the same substantiation is congregated through investigations by and large is accepted. Investigations in trademark issues take place at large when brand owners and lawyers take into service, investigators to masquerade as patrons, buyers, or counterfeiters to make certain how the assumed infringer or counterfeiter represents himself to the consumers or to establish the foundation of forged or counterfeited goods. These analytical practices are a dependable and well-organized ways to bring together the information on the corrupt usage of a trademark, collect information about trademark forgery or determine information about a suspected infringer.

Such investigations may come about at any time together with the course of litigation that one plans to take up to protect his brand. The investigations count to be essential to establish breach of any kind. They may be used to congregate substantiation if not discoverable, as the suspected infringer would in all probabilities not collaborate. 

Infact, there are high chances that on the way of such exploration, investigators may unequivocally or unreservedly pull the wool over your eyes on who they actually are, may not be honest about the reason of their stopover, questions or interviews, and may also clandestinely record, photograph or videotape others during the visits but only in legal limits. Hence, it is imperative for people from every walk of life to be alert and aware to fight the menace of forgery and hamper the growth of duplicate products.

 

Intellectual Property Rights; not just a term, but a shield for brands

Structuring and shielding a business brand is not a child’s chore. There are numerous facets that need to be measured in order to be legally protected at the initial stage itself. It is highly crucial to check if the brand name is free and available or else this may cause legal trouble later.

Registration of the trademark is critical too, though not a mandate by law, it is still a good idea to register your trademark; it acts as a shield incase of a legal issue that arises as it protects your brand name nationally. If not at the initial stage then sometime later one might expect to expand the business, which is the time when all this legal work comes into play.  

Also registering a Trademark in itself acts as a means of brand protection service in India. At any given point, whenever the business model plans expansion, to defend your brand against violation you need must register your trademark and follow other IPR guidelines as well.

When it comes to online business, getting a domain name is pretty essential. Even if the business is not strictly online and internet is just a medium to publicise the brand, domain name is needed for creating a company website.  It is a crucial factor to register the best before someone else takes it and you are charged extra for something that, if taken in time would have costed you the minimum.

Other essential quality of following the IPR guidelines is that it minimises the damage caused by duplicate brands, not only for the brand but for the people buying it as well. At an initial stage, one is not sure as to how the business design will widen. Despite the fact that any business is at a starting phase, there might be a day that sees exceptional prospects to expand the brand in not just India but across the globe. Hence, It is also important to have a brand identity that is well protected against infringement. For the same, one needs to make sure that the brand is protected against bootlegging of any kind. Originality is an essence of every successful business. Original quality and brand is an integral part of a progressive trade and economy. Hence, if not protected against infringement, the fakes might overtake by stealing the brand identity and creating duplicates that will hurt your brand image and reputation.

There are companies such as Brands and Fakes running successfully that help you identify and fight all kinds of IPR threats prevailing in the economy. Though, it is extremely important that in order to stop this venom of duplicity from spreading into the society, you follow and encourage the importance of IPR.

The Fight Against the Pretense- Brands and Fakes

Living in an era where the fakes are as many as originals is not a child’s chore and protecting your brand against despicable forged items is another task.  Counterfeit is the biggest rogue that a brand can or has to deal with as it comes along with unimaginable complications and stress.

Many a time’s brands are unaware of the amount of fake copies of their products available in the market. This does not only mean loss of sale but also leads to loss of goodwill due to the contemptible worth of the fakes. Copies and fakes do not only restrict themselves to products but also to designs, logos, packaging, infect, all intellectual property.

Brands and Fakes as a global platform has taken the onus to assist in the fight against the counterfeit. We are an online podium in India offering, fake complaints protection services we also make available information on fake products, distinguish between fake and genuine products. It is a podium where brand owners and consumers are offered to raise their voice against second copy products, fake complaints, trademark fraud investigation, and other IPR compliance services hence acting as a dais that assists brands and fights for their cause. We can help take action against duplicates by help you recognise and act in opposition to the forged products existing in the market.

Brands and Fakes helps you get all Information on Fake Products required for taking action against them.  Our team of experts includes the leading professionals of the industry coming from assorted spheres of brand protection services, IT, content writers, branding, marketing, finance and legal to aid you with the best in class intellectual property right solutions for IPR compliances.

We need to realize that fake or more so inferior goods do not only hamper the brand image but also affect the economy on the whole.  The goal of Brands and Fakes is not restricted to a particular class; we cater to the society on whole by dealing with IPR issues from scratch. Our services include everything right from the information on fake to taking or assisting in taking action against them.  We will cater to your needs if you are a brand that has needs to discover counterfeit of its product available in the market or the consumer who has been cheated with a bogus product.  Let’s be aware and alert to fight this battle against forgery.

Where to Find Data on IPR Violations for Brand Protection in India

Upon becoming aware that your brand is being infringed by another person/entity using an identical or a deceptively similar name/word, the first action – after recovering from your first reaction of shock – is to find out information on fake products and brand. There are many ways to collect such information and different places from where such information can be gathered. The present article gives a brief insight about the two most important methods and/or places from where such data can be gathered.

The first resource, in this digital era, is the internet. There is, practically, no information which cannot be got from the internet – that is if you know how to phrase search strings and if you know in which websites you should look into. The internet, in relation to material about infringing products, has a plethora of websites which lets you gather valuable information and if not, which provides you with leads. Starting from the infringer’s own website, if any, there are other directory websites which provide a listing of products, manufacturers, distributors, types of products, pictures of products, addresses and places where such products are sold. Many a times, the manufacturers themselves approach these websites to enlist their entity and product in order to advertise their products. These websites may be found by a single click on ‘Google’ when you type the infringing product’s name, to begin with.

Going further, in the event the infringing entity is registered as a limited company, the website of the Registrar of Companies provides a detailed set of information about the type of Company, its financial magnitude, information on its directors, year of registration, etc. all of which is very valuable information in the event your action to protect your brand(s) leads you to a legal proceeding.

Aside from the internet, is the good old way and probably, the most effective one still, is the physical investigation which is carried out by employing an experienced investigator who visits the place of the infringer – manufacturing facility, office premises, distribution office, warehouse, etc. – and collects as much information as possible including pictures, receipts and samples of infringing products.

While, a brand owner might not be able to directly do all this research and investigation, it is possible, and in fact better, for them to approach entities which provide brand protection services in India. These entities are well experienced with the places from where data can be gathered and also in the process of investigation, which provides brand owners with a great amount of information about the infringing product(s), thereby, allowing them to prepare and proceed with their actions against such products.