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

Abstract

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.

Combating lookalike product through adapting advertising appeals to consumer value: Strategic implications to brand imitation management

“…Furthermore, previous research on SR theory has employed SR theory in contexts such as tourism development, energy management, and public transportation management (Ho & Tan, 2023; Suess & Mody, 2016; Zhou & Li, 2022), this article extends prior work by broadening its relevance to the realm of brand imitation management. Finally, this article departs from the conventional approach of relying on legal measures to combat counterfeit brands (Cheng, 2023; Pathak et al, 2019; Wong, 2015) and introduces an innovative solution from the perspective of original product advertising. By building an additional bridge between two popular advertising appeal types (value‐expressive vs. utilitarian) with two common types of lookalike competitors (copycats vs. counterfeits) in the market, this research effectively addresses the issue of lookalike products in a precise manner.…”

“…Many marketers worry that lookalike products undermine original goods and take away their market share. Therefore, the original brands may take legal actions with tedious lawsuits against copycat or counterfeit manufacturers or distributors, which are known to be cumbersome, costly and difficult for original brands to win (Cheng, 2023; Pathak et al, 2019). Our empirical findings are underscored by the relatively straightforward implementation of advertising strategies by original brand manufacturers.…”

“…Finally, this article departs from the conventional approach of relying on legal measures to combat counterfeit brands (Cheng, 2023;Pathak et al, 2019;Wong, 2015) and introduces an innovative solution from the perspective of original product advertising. By building an additional bridge between two popular advertising appeal types (value-expressive vs. utilitarian) with two common types of lookalike competitors (copycats vs. counterfeits) in the market, this research effectively addresses the issue of lookalike products in a precise manner.…”

“…For instance, Chinese law enforcement agencies have taken stringent actions against the production and sale of counterfeit food items, with a total case value exceeding 960 million yuan (Ministry of Public Security, 2023). However, even with strong evidence, these lawsuits can be expensive and difficult for original brands to win (Cheng, 2023; Pathak et al, 2019). Therefore, using marketing communications such as advertising to curb demand for lookalike products can be an alternative marketing strategy for original brands.…”