Counterfeits and mimicry

[paulears]

I’d appreciate some viewpoints. I’m in the entertainment business and we use lots of technology that is very specification dependent, but also can be identified by the style or the colour, or sometime state. So we’d have one brand who were always silver, with blue buttons and another that is brown with yellow. Another would be brought blue! Thinks of it a bit like buying a guitar, Les Paul, SG, Strat, Telecaster all have identifiable body shapes used by dozens of manufacturers. However, sticking the Gibson Logo onto one turns it into a counterfeit, not a look a like. In my view, this works, setting the start of illegal activity. I cannot sell one of these in the UK, and I concur with this. However, if I stick on my own brand, this seems OK and very common. The entertainment gear has the look, but the operation is different, the buttons do slightly different things, and they often are very much less capable, but do the basic job. They don’t have the branding, but they have the colour schemes. The branded products are also ten time the price, at least, and clearly over the top for many uses. It’s been made very clear to me that selling these would start a trading standards reporting war. Users, not so much the manufacturers intend being protective. So much so my intention to buy some samples to use myself to test them out with no intent to sell them has become quite nasty. A few people have had them and complained the software is pretty buggy. As non-entertainment folk here, would you consider these products, which are not and have never been a product in the manufacturers line, counterfeit? Without the branding and copying of an exact model, ebay don’t seem to have a problem with them being listed there, but the industry pros are incensed? I’ve not even ordered the samples the anger has been so vindictive. We are talking about products that the branded firm start at around five grand with excellent spec. The do far less product would sell for about 400.

visual protection is general style? This clearly doesn’t seem to happen, based on guitars. Things like Dysons. You can spot a Dyson design style, compared to a Hoover. Cars are another example, some share so many shapes and features but are different? How does this work, protection wise.

 

[MarkOnline]

Design is a crucial part of many brands identity and sometimes is a significant factor in why consumers make a specific purchase descision. From what I undestand from your post, you want to use the essence of their design and transfer that to your products which compliment "branded" products in the same space.
In UK law there is somethign called "look and feel" used to protect registered design registration. I believe you are in breach of that. As you are finding out the industry you are trading in wont be happy with your intended product developement, It also tells them how much you value the market leaders in your own space. Its not something we would contemplate doing and would be extremely wary of trading with a company who does.

 

[Darren_Ssc]

Have a walk around Tesco, try and differentiate between branded products and own-brand alternatives. Same with amazon, 50 versions of the same clothes rail, all with different names as well as the amazonbasics version of anything that sells in volume.

In short, mimicing established brands is a trick that is well established.

 

[paulears]

You see it's the disparity between these two quite sensible viewpoints - There seems little legal substance or recorded action for this kind of thing. We get a few guitar makers who use a shape for the body - which for me is the 'type' - but then they cut the headstock about and call that sufficient difference. I suppose in all these things, until an example gets tested by an IP court it will always be contentious. I can actually get the one I'm interested in in black, not white and in the black it doesn't even trigger the look-a-like response - but it's rather dull and boring - white is nicer?

 

[japancool]

https://en.wikipedia.org/wiki/A_moron_in_a_hurry

 

[OldWelshGuy]

As above, if there is the possibility of confusion then the law has likely been broken.

Virgin Cola had to change their packaging which was red and silver with 'Cola' swirling around the can. It was instantly decided that it could at a glance be confused for Coke a Cola.


At the other end of the ridiculous scale is Microsoft who blocked some Tesco own Brand micro fibre underwear as it was called 'Micro Soft underwear'.

 

[Annoying Donkey]

https://en.wikipedia.org/wiki/A_moron_in_a_hurry

Problem is, the smartphone generation are all morons...!

 

[GraemeL]

loads of packaging of food products in Aldi are alledgedly designed to look like the brand leader

 

[The Byre]

The test I always apply is - Are the established manufacturers defending their designs and if so, under what circumstances?

Guitars - attempts by copiers to reproduce an exact Fender or Gibson, including the shape of the headstock and position of the buttons and switches, has in the past had both of those companies reaching for the telephone and instructing their lawyers. For that reason, cheaper copies have to move the switches and pots and change the shape of the headstock slightly.

Certain shapes and designs are trademarked - for example, the Coke bottle and the Maggi bottle.