Godfathers and Pirates: Counterfeiting and Organized Crime

Hetzer,

doi:10.1163/157181702761386151

Cited by 10 publications

(2 citation statements)

References 1 publication

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“…Most of the research done on counterfeiting in the context of product branding agree that counterfeits have an adverse effect on the value of legitimate brands (Evans et al. , 2019; Chaudry and Stumpf, 2011; Feinberg and Rousslang, 1990; Hetzer, 2002; Shultz and Saporito, 1996). The consumer's psychological perspective on the purchase of counterfeits is important.…”

Section: Literature Reviewmentioning

confidence: 99%

Use of real-life imagery and words in luxury brand trademarks: a study of the trademark lawsuits involving the Polo/Lauren Company

Cheng

2022

APJML

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PurposeThis article presents a study of the trademark lawsuits in Singapore involving the Polo/Lauren Company, L.P. (“PRL”) in their attempts to stop various competitors and businesses from using the word “polo” and/or a device of a polo player. Hitherto, there has not been any concerted study of these lawsuits that seeks to analyse the legal principles underpinning the case judgements and translate them into actionable marketing insights using both legal and marketing perspectives. Applying both of such perspectives through the domains of trademark law, consumer attitudes towards counterfeiting and marketing perspectives, such as targeting, promotion and pricing strategies, this article will distill practical and managerial implications for marketers in the luxury brand industry.Design/methodology/approachAn interdisciplinary approach is adopted, using both legal and marketing frameworks to analyse the decisions, reasoning and implications from the PRL trademark lawsuits.FindingsThere are key practical considerations for marketers and luxury brand managers to consider, both at the conception and during the life cycle of the luxury brand, in order to optimise the level of legal protection under the trademark regime. These include the use of invented words and imaginary content in trademarks, exercising a balancing of various considerations in the use of “composite marks”, and the selection of market pricing, promotion and distribution strategies, which are elaborated in the article.Research limitations/implicationsGiven the commonality of the subject matter involved in the trademark lawsuits involving PRL (i.e. the use of the word “polo” and/or the device of a polo player), this study has chosen to focus only on these lawsuits in the context of the Singapore market, and based on Singapore's legal framework, to glean thematic and practical insights. Further studies based on other types of businesses, geographical markets and legal frameworks could be explored to form a better basis for the applicability and comparability of the findings.Originality/valueWhile there have been case studies and analyses performed on some of the individual PRL trademark lawsuits around the world, this will be the first study to look at the series of Singapore PRL lawsuits in a holistic and interdisciplinary perspective.

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Section: Literature Reviewmentioning

confidence: 99%

Use of real-life imagery and words in luxury brand trademarks: a study of the trademark lawsuits involving the Polo/Lauren Company

Cheng

2022

APJML

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“…those not trafficked transnationally), or digital products distributed on the internet. In 1988/89 the International Chamber of Commerce had estimated the IPC economy at 2-4% of world trade, and by 2002 its new Counterfeiting Intelligence Bureau estimated the illicit trade had risen to 5-7% of world trade [38]. Given other available information it seems unlikely that the global IPC trade has fallen between 2002 and now; it is more likely that, as we have said, the significant exclusions from the OECD's recent 2% estimate would raise that figure to an unknown degree.…”

Section: Global Trendsmentioning

confidence: 99%

Counterfeiting as corporate externality: intellectual property crime and global insecurity

Mackenzie

2010

Crime Law Soc Change

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Corporate negative externalities occur when corporations place some of the costs of their profit-seeking activity onto society. This paper suggests that the current global problem of intellectual property crime is such an externality, and that it has not been recognised as such because corporations present product counterfeiting and piracy as crimes which reduce their revenue, rather than as predictable side effects of corporate production and merchandising, including branding activity, which have considerable socially deleterious consequences. It is argued that corporate actors are responsible for the socially harmful effects of the global counterfeiting problem in the following respects. Branding, advertising, and other corporate activities drive the market for goods which have a fashion value over and above their use value. While corporations 'create' this desire, they cannot prevent it being applied to the desire for fake or replica goods. Outsourcing of corporate production activities to developing countries to take advantage of cheap manufacturing and labour costs presents considerable opportunities to producers in those countries to copy and distribute the goods in an unauthorised way. Serious measures are not taken against product counterfeiters by rights-holding corporations, since market expediency dictates that the costs of counterfeiting are not so adverse to corporations to incentivise them to change their business methods. Counterfeit and pirated goods cause a range of social harms above and beyond the spuriously-costed financial damage corporate rights-holders suggest they suffer -these include the health and safety issues created by some fake goods, and the creation and maintenance of highly profitable organised crime activity in international markets for fake goods.

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Anticounterfeiting Strategies and Their Influence on Attitudes of Different Counterfeit Consumer Types

Herstein

Drori

Berger

et al. 2015

Psychology and Marketing

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This article reports the findings of two studies that were designed to determine the effectiveness of several anticounterfeiting strategies on the counterfeit purchasing behavior of the participants, through a mixed methods research approach. In Study 1, in‐depth interviews were conducted with 50 consumers of counterfeit brands in order to investigate their attitudes. Drawing on the results, which revealed four different consumer types (struggle, spurious, indifferent, and liberated), Study 2 was undertaken with a further 128 consumers (32 from each type) to further define each group's type and identify the best anticounterfeit strategies suited to each. The findings suggest that counterfeit purchasing may be reduced if a specific strategy is adapted to suit each typology. Overall, positive rather than negative strategies were found to be more effective for the struggle and spurious consumers compared with indifferent and liberated consumers. The findings also reveal that the acquisition of affordable genuine merchandise may be the key to preventing counterfeit purchasing.

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Godfathers and Pirates: Counterfeiting and Organized Crime

Abstract: No Abstract

Cited by 10 publications

References 1 publication

Use of real-life imagery and words in luxury brand trademarks: a study of the trademark lawsuits involving the Polo/Lauren Company

Use of real-life imagery and words in luxury brand trademarks: a study of the trademark lawsuits involving the Polo/Lauren Company

Counterfeiting as corporate externality: intellectual property crime and global insecurity

Anticounterfeiting Strategies and Their Influence on Attitudes of Different Counterfeit Consumer Types

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