Consumer Power: Fighting Against Damages Caused By Duplicate Brands

What is the general reaction when people buy gold, silver or any expensive jewel? It is a very a common reaction which most of us have come across where we see that they are so excited and at the same time very cautious and also scared as they think a number of times before the final buy of such expensive jewels because its costs heavy and is an investment more than a buy. Further, consumers prefer branded jewels today as they feel they will not be cheated but what when they are cheated in the name of brands? They feel shattered. It’s not only in the case of gold or jewels as this was a big and expensive example but the feeling remain the same even if they are cheated in small items on day to day basis and let me remind it may not be expensive but leaves a heavy impact on the customers and sometime these inexpensive items may risk life in many ways.

Risks of using duplicate products are innumerable. It can at times become life threatening like use of duplicate medicines or packaged food products. It is not at all surprising to know that there is a whole racket of all these pirated products which may ultimately affect the health and happiness of consumers very badly. This shows that consumers are not secured from all sides. These gaps between the real branded products and brand piracy can be filled only by proper efforts made by the consumers as they are the main focus point around whom all these revolve.

For taking proper step the consumers should know the implications and damages caused by duplicate brands which can range from casual damages to grave injuries like:

Ø  Financial loss when buying the fake brand as real,

Ø  Dissatisfaction caused due to unavailability of what was expected,

Ø  Food poisoning caused due to intake of duplicate packaged foods,

Ø  Skin diseases caused due to use of fake cosmetics,

Ø  Disappointment due to lack of quality assured,

Ø  Fatal results by the use of fake medicines and death in severe cases, etc.

These are just a few examples to show the severity of the damages which is caused by the duplicate products but there are more which can happen on usage of duplicate brands. The only precaution which can be taken by the consumers is to stay careful and alert. Apart from this there are steps which can be taken further when they are already exploited.

This starts with simple complaint which should essentially be made by the consumers when they have any such encounters and they should not worry about where to complain as this is not tedious anymore. There are innumerable online portals which help in such cases but it’s also necessary to find a reliable and well received portal and one such platform is Brands and Fakes which can help consumers to start from scratch and deal with all complaints registration and investigations for intellectual property rights which is the most difficult part as it is the main part in order to establish strong evidences against the exploiters. This shows that these steps can not only be easily accessed but also are effective enough to reduce such piracy. So, one should stop cribbing and start taking actions in order to get rid of brand piracy and duplicate brands.

  

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.

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.

WHY TO SPEND ON YOUR BRANDS?

Billions of dollars are spent in building up a Company, marketing its services and advertising its products. However, during a God forbidden lean period, the first question which arises is whether a budget needs to be allocated to the protection of the Company’s own brand. The Brand – a Company’s best and ever non-failing asset; and a brand is well mixed with Intellectual Property Right Solutions emanating from it.

Whether or not a lean period, the aspect of protecting one’s own brand has, in recent times, become a more than top priority. While a few wise companies and business owners spend a fortune on protecting their brand, most others do not realize and spend too little or none in this regard.

Why protect or spend money in safeguarding your brand? The answer is quite simple. Allow your brand to be used by infringers or watch it getting diluted without even raising a finger and you end up loosing your company’s best asset. The one asset which gave you exclusivity in the minds of consumers. Loose your asset and you loose your business. Simple!

The commonly used phrase, ‘IPR compliance’ would necessarily mean procuring, defending and safeguarding a brand owner’s intellectual property rights in its brand. So, how and who does this work?

Brand protection services in India is an emerging and potential market and involves IPR protection and compliance. While a few brand owners and companies have their own in-house team engaged in safeguarding their brand, most other companies and brand owners have chosen to engage specialists who provide brand protection services in India. These specialists have their own team of experts who provide comprehensive solutions to your IPR Compliance needs and ensure that your brand is protected for all times to come.

India being a developing market, it is good trend to note that everyday new business owners emerge with their brands and existing companies and brand owners expand their business. But, truth being said, for that same reason, the number of infringers has also been on a steady rise; and along with that number, the various and ever-increasing unique types of infringements in the different fields of businesses and enterprises.

Needless to say, unless you are a billion dollar enterprise which can afford to have its own in-house team, the best way to proceed would be to hire these market specialists to safeguard your brand and the intellectual property rights associated with them. Money spent on this, I would say, is the only money well spent.