Unfair Competition Between Brands And Its Implications

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Unfair competition between brands and its implications

We live in a globalized world where brands are more present every day, through different media such as social networks that set a trend and are a key piece for competition, to sell products and services easily and with great reach. Currently, any advantage or strategy for brand advertising can be a great economic benefit for these. Unfortunately, new honest strategies are not always generated.

In an ideal world, creators and publicists would use original and free content of plagiar. To this, more specifically, it is known as unfair competition. Desleal competition is a deceptive marketing form that is executed by copying the business model of other companies for the benefit of one’s own. Also, it occurs when copying some elements of the corporate image, such as logos, for example, to boost the image of the brand incurred in this illegal practice.

Based on having a transparent and satisfactory experience, it is advisable to register the brands and also each initiative taken to advertise it. According to El País, the legislation usually offers mechanisms to protect intellectual property and to protect the rights of each brand. For example, in the case of Colombia, through the SIC, useful benefits and rights can be obtained as civil and criminal actions, in the event that a brand related to the brand occurs.

Also, in the Caribbean country they offer tools for brands registered through which it is possible , be declared unfair to the competent authorities.

There are several types of unfair competition, it should be noted that you must be aware of the nature of the lack that is practiced for the benefit of others at the expense of their brand, or to damage the reputation of its brand. Once it has been identified then it can be directed in a legal process to try to obtain the annulment of the acts that harm it, or a sanction for those who damage the image of their brand.

Now, to define what is the nature of the unfair act, these are those related to the reputation of the brands that could mainly affect him:

  • Unfair use of the reputation of your brand: this happens when other brands appropriate the different products of your corporate image and emblems, for example, wrappers, decorations, among others.
  • False association, confusion: In this type of infraction, imitators use brand -related symbols to confuse customers given the similarity of the brands and thus acquire the product or service offered by the offender. Many times it happens that some consumers acquire a product when thinking that it is a brand when it is actually an imitation.
  • Internet search engines: In the case of Argentina, it is considered an act of unfair competition between brands to the use of the name of a brand as a keyword in the advertising link system for use in Internet search engines, by a competence brand. In this country there are several regulations related to the issue of advertising of brands on the Internet, and this is considered an unfair act since it takes advantage of the customers that this brand has earned hard work, attracting them through minimal investment and almost null.

 

Marketing and unfair advertising practices are increasingly common and, unfortunately, but stop in time can cause great losses for brands. When, for example, the symbology of a brand is being exploited by others, this can generate that the registered and productive sign is somewhat confusing and loses validity in the market. Ceasing to be exclusive and distinctive of the original brand. Imitations are a great risk to the reputation of many brands and for their profitability. It is convenient to have well defined what the type of infringement of the brand is before taking legal actions, and being well informed of what are the regulations related to the brands in their country.   

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