Trademarks

Counterfeiting

Counterfeit products negatively affect brand names. The holders of brand names should take steps to protect against counterfeiting including for instance, the packaging of items with tags on the items to uniquely identify their products. They should notify the customers of such and urge them to only purchase the brand with the identification tags on. Specific packaging material can also be used such as a special film that would be unique to their product packaging. Printing cartridge, perfume and alcohol manufacturers can go a step further by providing incentives for returning the original empty product at the approved retail outlets for discount on the next purchase of their products.

The holders of brand names must be creative in their efforts to prevent counterfeiters from flooding the market with fake products and refilling. One such a step is to only sell their products through assigned outlets and widely publicizing the fact in their adverts. By also taking steps to monitor such outlets, the brand companies can reduce instances of counterfeit products bought by customers by accident. To ensure that lawsuits regarding brand names against perpetrators succeed, it is important that the brand company closely monitor the market.

Although it can be difficult to spot the original supplier of such counterfeits, they will in many instances get the opportunity to take legal action against retail outlets stocking such counterfeit products. Smit & Van Wyk, as Intellectual Property Attorneys, is located in Pretoria and can be contacted for legal assistance against the retail outlets selling such fake brand names. Contact us today for legal advice and litigation assistance.

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Smit & Van Wyk. Inc. | Apex Corporate Park, Persequor Technopark, Pretoria, South Africa | Tel: 012 349 7800 | E-mail: enquiries@svw.co.za