P U B L I S H E R ’ S D E S K
BEHEADING THE 'NORM' IN
TRADEMARK INFRINGEMENT
Counterfeiting has been around for centuries.
It has, and as the world continues its march toward
globalisation, will always be a problem. I recently
saw a tv programme where an expert explained
how Japanese samurai sword (known as a katana
in this case) makers would chisel signatures (mei)
on the tangs of a sword to ensure its origin of
ownership. Owners would put their own unique
versions of who, what, where and when underneath
the intricately wrapped handles.
Things were a bit different back then though. In the
case above, if you were caught counterfeiting the
sword and copying the signature and or mark of
the house where the sword was made, punishment
was swift – you’d be beheaded.
In fact, the beheading would not stop there. The
culprit’s entire family would be sought out and all
would suffer a similar outcome.
Today, life is much more complicated for those
who hold legitimate rights to the manufacture of
products. Recently we saw Enerpac walk the talk
and start legal proceedings against those that it
sees are infringing on what it quite-rightly owns.
When at EMEX, a chat with Cigweld’s Ken Durbin
reinforced the continual issue brands face today. It’s
an epidemic according to Ken, in many industries
and across many brands, and the legitimate owners
are often forced to pour hundreds of thousands if
not millions into protecting what they own.
You cannot help but feel for such brands.
Companies sink huge money into building their
brands. Masses into research and development…
the list of expenses just goes on. And then
someone piggy backs and makes replica type
product that often breaks down, or worse, does
injury, and then the bogus product swings again
and lands one flush on the jaw by creating
negativity toward the brand that has had blood,
sweat and tears put into it.
All of these raise the final price of the product,
creating an even wider gap between the real and
the Mickey Mouse.
Should you come across any counterfeit product or
product you feel infringes on the rights of property
owners report it immediately to authorities, let the
brand owner know what’s going on or even get in
touch with me.
But the big thing is to not get involved at all. Buy
through legitimate suppliers and resellers. Eliminate
any risk.
More than two decades ago – as editor of a similar
trade magazine – I wrote hundreds of column
inches on the problem, and had all sorts of product
pop up on my desk from dodgy-as power tools to
crumbling Callaway golf clubs. It was the birth of
China as a manufacturing facility, and as companies
shifted manufacturing operations to those shores
to reduce operational costs an increasing amount
of problems began to occur. Products were copied,
rightful ownerships ignored and there were many
cases where even the legitimate product was
coming out the front door while knock-offs were
seeping out of the back.
Today, I feel it is everyone’s responsibility to tackle
the problem. It’s become so big that brand owners
need as much help as they can get.
I’m not asking for mass vigilante groups performing
samurai-like slices through necks, just the
realisation that the widespread effect of this
problem impacts on everyone and in ways
you don’t see but sure do feel. Counterfeit
products depower entire industries.
And speaking of being depowering,
the Government is in need of urgently
addressing and delivering a secure
energy supply to New Zealand’s energy
intensive heavy industry.
Policies to decarbonise the economy,
such as ceasing the issuing of new
exploration permits, need to be weighed
in direct relation to where the baseload
power is to come from for fueling smelter
and/or steel works and the likes.
A commitment to 100% renewable electricity
by 2035 is one thing, but not at the expense of
chopping off the head of heavy industry.
Balance is required – much like that of the finest
samurai sword.
Greg Robertson
Publisher