Brand Protection Research Articles

Brand Loyalty through Consumer Protection of Selected E-Commerce Firms

Ensuring consumer rights and addressing their various concerns has been identified as a crucial step in securing customer loyalty. However, the e-commerce sector in Nigeria has struggled to retain its customers due to its failure to adequately protect consumer rights. This lack of consumer rights protection has resulted in poor customer loyalty, with users frequently abandoning e-commerce platforms. This study examines the effect of consumer protection on brand loyalty within selected e-commerce firms. The research surveyed 497 active users of these e-commerce platforms with a 90.3% return rate and employed multiple regression analysis to assess the results. The findings revealed that consumer protection has a significant effect on purchase decisions (Adj.R² = 0.660, F(3, 445) = 290.639, p < 0.05), customer trust (Adj.R² = 0.580, F(3, 445) = 207.126, p < 0.05) and customer satisfaction (Adj.R² = 0.590, F(3, 445) = 215.819, p < 0.05) of listed e-commerce firms in Lagos State, Nigeria. Consequently, the study concludes that consumer brand protection significantly influences the brand loyalty of selected e-commerce firms, recommending that e-commerce management prioritize the recognition and protection of consumer rights to enhance brand loyalty

Challenges and Strategies in Protecting Single-Colour Trademarks within the Fashion Industry

This paper examines the complexities of registering and protecting single-colour trademarks within the fashion industry, with a special focus on high-profile cases such as Christian Louboutin's iconic red soles. It investigates the unique legal challenges faced by brands in establishing trademark protection for colours, which lack inherent distinctiveness but can acquire significant brand identity through secondary meaning. Through a detailed examination of various international court cases, the study reveals how judicial systems manage to uphold the integrity of distinctive brand elements while fostering a fair and competitive market environment. Additionally, this research discusses strategic approaches that brands can adopt to effectively secure and defend their unique colour trademarks in diverse legal jurisdictions. The findings shed light on the dynamic evolution of trademark law, underscore the significant impact of judicial decisions on brand protection strategies, and explore the broader implications these have on global market competition. By integrating theoretical frameworks with case study analysis, this paper provides valuable insights into the intersection of law, commerce, and brand identity in the global fashion industry.

Trademark Dilution in the Age of Social Media: Legal Challenges and Brand Protection Strategies

Trademark Dilution in the Age of Social Media: Legal Challenges and Brand Protection Strategies

Navigating the artificial intelligence frontier: Strategic imperatives for safeguarding brand integrity

This paper delves into the transformative era of generative artificial intelligence (GenAI) in marketing, underscoring the vast potential of AI to revolutionise marketing strategies through enhanced personalisation and efficiency while highlighting the rapid adoption rate among companies and marketing professionals. Despite the enthusiasm, it navigates through the apprehensions surrounding job displacement, misinformation and brand safety, offering a comprehensive guide to the strategic adoption of artificial intelligence (AI) with a view to harnessing its benefits without compromising brand integrity. It identifies common pitfalls in AI adoption, such as lack of preparation, myopic focus on current use cases, and neglect of strategic planning, emphasising the importance of a thoughtful, multi-disciplinary approach to AI integration. This includes viewing AI as an assistive tool rather than an end goal, understanding its implications for media, fostering internal leadership, and establishing stringent brand protection guardrails. The paper concludes with a call to action for marketers to embrace AI with strategic foresight, leveraging its revolutionary potential to drive innovation while steadfastly upholding ethical standards and brand values.

Determinants affecting the current state and perspectives of development of textile and clothing industry clusters within the European Union

The textile and clothing industry is one of the oldest industries ever, as the need for clothing is as old as human existence itself. Of course, the challenges and problems it faces are connected with this, currently primarily the environmental burden, the need for digitization, low wages for workers as well as the protection of brands and the development of the grey economy. With its positions, the European Union declares its interest in solving these issues. Many traditional companies are undergoing changes and there is a natural need for innovation, thus the textile and clothing industry is interfering with the creative industry. The barriers to innovation in this area are frequently small and medium-sized enterprises, which cannot solve many things and be competitive compared to large enterprises, but their flexibility and quick response to the changing needs of customers and the market give them advantages compared to the big ones. The possibilities of how smaller businesses can succeed and compete even in the long term are through clusters, which will provide them with the necessary scope, strength, and research, but at the same time keep them independent. In our contribution, we tried to find out the perspective of the development of textile and clothing industry clusters in Europe given the existing market situation and consumer expectations.

Rapid discriminant analysis for the origin of specialty yam based on multispectral data fusion strategies

In order to achieve rapid and effective identification of Hebei yam, a qualitative discrimination model was constructed based on near infrared (NIR), mid infrared (MIR), and microscopic Raman spectra in combination with individual spectra and multispectral data fusion strategies. The results showed that the gray wolf optimizer-support vector machine (GWO-SVM) model constructed by mid-level fusion using the three feature spectra performed the best in distinguishing the geographic origin of the yam, with a prediction accuracy of 100.00% in both the training set and the test set, and an F1 score of 1.00. The results indicated that due to spectral complementarity, NIR, MIR and Raman combined with feature-level fusion can be used as a powerful, non-destructive, fast and feasible tool for geographic origin classification and brand protection of Hebei yam. This work is expected to be a potential method for origin identification analysis and quality monitoring in the food and pharmaceutical industries.

POTENSI PERLINDUNGAN HAK ATAS MEREK BAGI PELAKU USAHA SEKTOR KULINER DI WILAYAH KOTA BOGOR

The research aims to find out and analyze the potential of legal protection for brands for business actors as well as the obstacles and efforts to overcome them according to Law Number 20 of 2016 concerning Trademarks and Geographical Indications, so as to find out legal protection efforts for brands for culinary sector business actors in Bogor City. The research method used in this study is empirical juridical which is analyzed qualitatively. From the research results it can be seen that the potential of legal protection for brands for business actors of the culinary sector consists of preventive legal protection and repressive legal protection. Barriers to culinary sector business actors in Bogor City in obtaining protection for their trademarks include the lack of understanding of culinary sector business actors regarding brands and their registration procedures, lack of counseling and outreach, expensive mark registration fees, and limited budget and experts in the field of IPR. Efforts to protect the law, namely through various policies, such as collaborating between the Director General of IP at the Ministry of Law and Human Rights and the Ministry of Cooperatives and SMEs in providing incentives for financing the registration of creative economy brand registration, as well as registration of collective marks for the creative economy industry

Analisis Yuridis tentang Perlindungan Hak Merek dalam Era Digital: Studi Kasus tentang Pelanggaran Hak Merek di Platform Marketplace Shopee

Brand rights are an important asset for a company because a brand reflects the identity and reputation of a product or service in the eyes of consumers. Protection of brand rights not only protects brand owners from unauthorized use by other parties but also protects consumers from counterfeit products that can harm them financially and health. The purpose of this writing is to find out how the Juridical Analysis of Brand Rights Protection in the Digital Era: Case Study of Brand Rights Violations on the Shopee Marketplace Platform. Normative juridical research methods. The research results show that brand rights protection in the digital era requires a comprehensive and adaptive approach to technological developments. Shopee as one of the main marketplace platforms in Indonesia has made various efforts to protect brand rights, but there are still challenges that must be overcome. Through increased regulation, consumer education, and the use of advanced technology, brand rights protection can be improved to support a healthy and fair digital trade ecosystem.

BRAND PROTECTION FOR MSMES IN ENCOURAGING ECONOMIC GROWTH IN INDONESIA

This research seeks to analyze the significance of brand protection for Micro, Small, and Medium Enterprises (MSMEs) in encouraging economic growth in Indonesia. Through a normative juridical approach, this research identifies brand protection as the key to strengthening the position of MSMEs in a competitive market. By providing adequate brand protection, MSMEs can build reputation, increase competitiveness, and expand access to markets and financial resources. However, challenges such as a lack of understanding about brand protection, the complexity of the registration process, and high costs need to be overcome through educational approaches, process simplification, and incentives for MSMEs. Thus, brand protection will not only provide direct benefits for MSMEs but will also contribute to inclusive and sustainable economic growth in Indonesia.

LEGAL PROTECTION AGAINST HOLDERS OF REGISTERED BRAND "PUMA AND CAT JUMPING" FOR SIMILARITY TO FAMOUS BRANDS

This research focuses on two important aspects: The research will delve deeply into laws related to well-known brands in Indonesia and the research will analyze specific cases that have been decided by the courts, such as case Number 16/Pdt.Sus-HKI/Brand/2023/PN Niaga Jkt.Pst.Well-known brands are usually highly valued because they spend money on advertising and promotion, and become more popular around the world. In addition, it obtains legal protection through trademark registration in different countries, which gives them exclusive rights to their trademarks and allows others to use them illegally. The Trademark Law in Indonesia provides special protection for well-known brands. However, trademark infringement still occurs in Indonesia. Normative juridical research, with legislation and case approaches on legal protection of well-known brands in Indonesia. Result: The Trademark Law provides a clear framework for the legal protection of well-known trademarks in Indonesia, both preventively and restrictively, in particular Article 21, Article 83 and Explanation of Article 76 paragraph (2). In decision Number 16/Pdt.Sus-HKI/Brand/2023/PN Niaga Jkt.Pst, the Commercial Court considered evidence showing that the Defendant deliberately took advantage of the reputation of the "PUMA and Jumping Cat" brand without permission or license. The Commercial Court decided to cancel the registration of the Defendant's trademark "PUMA and Jumping Cats" because the action infringed the Plaintiff's trademark rights. This decision was made to protect the Claimant from its legitimate trademark rights.

Navigating emerging trademarks issues for sport brands in the metaverse

Navigating emerging trademarks issues for sport brands in the metaverse

Research on the Differences Between the Laws Designed to Protect Brands and Traditional Trademark Laws

Brand protection is an important and challenging issue in the contemporary market, as brands are valuable and influential intangible assets that create and sustain competitive advantage. However, there is a lack of a clear and comprehensive legal category that can adequately address the diverse and complex aspects of brand protection. This paper aims to explore how a law designed to protect brands might differ from traditional trademark law, which mainly focuses on the registration and protection of distinctive signs that identify the source and quality of goods or services. The paper adopts a qualitative and comparative approach, using online sources, such as web articles, research papers, and guides, as well as examples of famous brands and cases, to illustrate and analyze the possible ways, characteristics, challenges, and benefits of brand protection. The paper concludes that brand protection is a useful or viable legal category that recognizes and respects the value and importance of brands as intangible assets that create and sustain competitive advantage in the market, adapts and innovates to changing market trends, consumer preferences, and competitive forces, and harmonizes and cooperates with the existing trademark laws and standards across different countries and regions.

Empowering MSMEs: Unravelling the Essence of Business Law and Brand Protection in Indonesia

In the context of Indonesia, as a country with a very large number of MSMEs, a good understanding of the role of business law and trademark protection is a very important capital to create a conducive and sustainable business climate for MSMEs. Along with a better understanding, it is also expected that there will be an increased awareness of the importance of trademark registration and business law protection for MSMEs in Indonesia. This study explores the complex legal and trademark protection system that Indonesian MSMEs (micro, small, and medium enterprises) have to go through. Business registration procedures, compliance standards, and legal support present barriers that are revealed through normative analysis and further explained through interviews with experts. In addition, there are problems with brand protection procedures, such as difficult law enforcement and protracted brand registration procedures. The results are synthesized into normative solutions that suggest changes to the company's compliance, registration, legal aid, and brand protection systems. If put into practice, these solutions can empower MSMEs, encourage innovation, and boost the Indonesian economy. In addition, it is also important to create mechanisms that make it easier for MSMEs in the trademark registration process. Simple measures such as simplification of registration forms and improved accessibility of information on the registration process can greatly help MSMEs with limited resources and knowledge. These measures, along with the proposed normative solutions, can significantly improve MSME trademark protection, encourage innovation, and strengthen the Indonesian economy.

Trademark Dilution and Brand Protection: Legal Challenges and Global Perspectives

Trademark Dilution and Brand Protection: Legal Challenges and Global Perspectives

Three-Dimensional Functional Brand Protection in Indonesia After the Implementation of Law Number 6 of 2023 (Comparison of Regulations in the United States and Japan)

Since the entry into force of the Law No. 20 of 2016 on Trademarks and Geographical Indications, Indonesia has officially granted recognition to 3 (three) dimensional trademarks. Nevertheless, this Act only provides provisions concerning the formality requirements for filing applications for registration of 3 (three) dimensional trademarks. Substantially, the Act No. 6 of 2023 on the Establishment of Government Regulations replaced the Law No. 2 of 2022 on the Creation of Works into the Act adding a provision in article 20 of the Act no. 20 of 2016 that forms of a functional nature cannot be registered as trademarks. There is no explanation of the meaning of functional form in this Act. Based on this problem, the author tries to study the implications of the current Copyright Act using grammatical interpretation methods as well as using a comparative approach to the provisions in the United States and Japan. This article explains about the three-dimensional distinctive force, associated with the secondary meaning theory. Based on research in literature, it is known that there is a breakdown between trademarks and patents in the registration of forms of a functional nature. This article also reinforces the argument that a functional form cannot be protected as a trademark.

Trademark Law in the Digital Age: Challenges and Solutions for Online Brand Protection

Trademark law faces new challenges in the digital age, particularly concerning the protection of brands online. This article examines the evolving landscape of trademark law in the digital era, focusing on the challenges and solutions for online brand protection. Employing qualitative methods such as literature review with library research, the study explores the impact of digital technologies, e-commerce platforms, and social media on trademark infringement and counterfeiting. It analyzes the legal frameworks and case law surrounding trademark protection in online environments, considering issues such as domain name disputes, keyword advertising, and the sale of counterfeit goods on online marketplaces. Furthermore, the paper investigates the role of intellectual property rights enforcement agencies, internet service providers, and online platforms in combating online trademark infringement. It also examines emerging trends in trademark law, including the use of artificial intelligence and blockchain technology for brand protection. Through a comprehensive review of legal literature and case studies, this article identifies best practices and legal strategies for enhancing online brand protection in the digital age. It emphasizes the importance of international cooperation, public-private partnerships, and legislative reforms to address the challenges posed by online trademark infringement effectively.

Policy optimization of the Belt and Road and IP performance of Middle East and North Africa (MENA)

This study analyzed the relationship between intellectual property protection (IPP) and the Belt and Road Initiative (BRI) economic policy optimization performance in the Middle East and North Africa MENA-China strategic geopolitical activism for regional collaboration. The study employed a descriptive qualitative method with secondary data from WIPO IP between 2002 and 2021, and it focused on variables such as IP application, GDP, school enrolment, and FDI in four countries (Egypt, UAE, Saudi Arabia, and Algeria). A regression analysis of interest with a reliable Common Effects Model (CEM) using the IBM statistical package was used. The regression applied statistical association of IP application in all four countries with BRI optimization. The BRI is a vital support relationship for allied countries such as Saudi Arabia and Egypt. However, it does not make a difference to fine-tune regional optimization of BRI in Algeria and UAE with IP application and school enrolment. Egypt’s BRI delivery shows IP, FDI, and school enrolment are statistically significant, with regional GDP estimated. The data normalized in Saudi Arabia with income growth predicted statistical significance to GDP, FDI, and school enrolment. Likewise, Algeria shows that FDI was constantly affected but was negative to FDI and GDP with respect to BRI. For policy direction, we recommend that governments have regional collaborations and partnerships with Chinese educational scholarships and for dynamic economic expansion in IP applications. BRI's aptitude in regional connectivity is aimed at high standards of IP cable networks internationally, taking advantage of geographical and economic diversification. The BRI could further facilitate optimized IP trade obstacles and free trade zones. While the regional partnership will facilitate access and protection of products, brands, and services, agree in principle with China BRI before signatories.

Ethical and legal challenges of AI in marketing: an exploration of solutions

PurposeArtificial intelligence (AI) has sparked interest in various areas, including marketing. However, this exhilaration is being tempered by growing concerns about the moral and legal implications of using AI in marketing. Although previous research has revealed various ethical and legal issues, such as algorithmic discrimination and data privacy, there are no definitive answers. This paper aims to fill this gap by investigating AI’s ethical and legal concerns in marketing and suggesting feasible solutions.Design/methodology/approachThe paper synthesises information from academic articles, industry reports, case studies and legal documents through a thematic literature review. A qualitative analysis approach categorises and interprets ethical and legal challenges and proposes potential solutions.FindingsThe findings of this paper raise concerns about ethical and legal challenges related to AI in the marketing area. Ethical concerns related to discrimination, bias, manipulation, job displacement, absence of social interaction, cybersecurity, unintended consequences, environmental impact, privacy and legal issues such as consumer security, responsibility, liability, brand protection, competition law, agreements, data protection, consumer protection and intellectual property rights are discussed in the paper, and their potential solutions are discussed.Research limitations/implicationsNotwithstanding the interesting insights gathered from this investigation of the ethical and legal consequences of AI in marketing, it is important to recognise the limits of this research. Initially, the focus of this study is confined to a review of the most important ethical and legal issues pertaining to AI in marketing. Additional possible repercussions, such as those associated with intellectual property, contracts and licencing, should be investigated more deeply in future studies. Despite the fact that this study gives various answers and best practices for tackling the stated ethical and legal concerns, the viability and efficacy of these solutions may differ depending on the context and industry. Thus, more research and case studies are required to evaluate the applicability and efficacy of these solutions in other circumstances. This research is mostly based on a literature review and may not represent the experiences or opinions of all stakeholders engaged in AI-powered marketing. Further study might involve interviews or surveys with marketing professionals, customers and other key stakeholders to offer a full knowledge of the practical difficulties and solutions. Because of the rapid speed of technical progress, AI’s ethical and regulatory ramifications in marketing are continually increasing. Consequently, this work should be a springboard for more research and continuing conversations on this subject.Practical implicationsThis study’s findings have several practical implications for marketing professionals. Emphasising openness and explainability: Marketing professionals should prioritise transparency in their use of AI, ensuring that customers are fully informed about data collection and utilisation for targeted advertising. By promoting openness and explainability, marketers can foster customer trust and avoid the negative consequences of a lack of transparency. Establishing ethical guidelines: Marketing professionals need to develop ethical rules for the creation and implementation of AI-powered marketing strategies. Adhering to ethical principles ensures compliance with legal norms and aligns with the organisation’s values and ideals. Investing in bias detection tools and privacy-enhancing technology: To mitigate risks associated with AI in marketing, marketers should allocate resources to develop and implement bias detection tools and privacy-enhancing technology. These tools can identify and address biases in AI algorithms, safeguard consumer privacy and extract valuable insights from consumer data.Social implicationsThis study’s social implications emphasise the need for a comprehensive approach to address the ethical and legal challenges of AI in marketing. This includes adopting a responsible innovation framework, promoting ethical leadership, using ethical decision-making frameworks and conducting multidisciplinary research. By incorporating these approaches, marketers can navigate the complexities of AI in marketing responsibly, foster an ethical organisational culture, make informed ethical decisions and develop effective solutions. Such practices promote public trust, ensure equitable distribution of benefits and risk, and mitigate potential negative social consequences associated with AI in marketing.Originality/valueTo the best of the authors’ knowledge, this paper is among the first to explore potential solutions comprehensively. This paper provides a nuanced understanding of the challenges by using a multidisciplinary framework and synthesising various sources. It contributes valuable insights for academia and industry.

BLOCKCHAIN TECHNOLOGY IN SUPPLY CHAIN MANAGEMENT: A COMPREHENSIVE REVIEW

This paper explores the transformative potential of blockchain technology in addressing inefficiencies, opaque processes, and fraud susceptibility in the traditional supply chain ecosystem. Blockchain technology, with its distributed ledger technology (DLT), provides secure, transparent, and tamper-proof record-keeping capabilities throughout the supply chain. Its applications include traceability and transparency, inventory and logistics optimization, smart contracts for automated payments, and counterfeit prevention and brand protection. Blockchain's decentralized and immutable ledger facilitates traceability, offering an unalterable record of the journey of goods. Real-time visibility into inventory levels and locations empowers better forecasting, demand planning, and logistics management, leading to cost reductions and improved efficiency in warehousing, delivery routes, and resource utilization. Smart contracts enable automated, secure, and transparent execution of predefined contractual conditions, resulting in efficiency gains, cost savings, and contractual compliance. Blockchain also creates a secure digital fingerprint for products, combating counterfeiting and ensuring product authenticity throughout the supply chain. The case study of Everledger in the diamond industry exemplifies how blockchain technology contributes to ethical sourcing and reduces the risk of conflict diamonds. However, blockchain faces challenges such as scalability, regulatory uncertainties, cost, and privacy concerns. Future directions involve integrating blockchain with artificial intelligence and the Internet of Things, developing industry-specific blockchain solutions, and exploring hybrid blockchain models. By addressing these challenges through collaborative research, development, and policy initiatives, stakeholders can unlock the full potential of blockchain in supply chain management, creating a resilient and robust supply chain ecosystem.
 Keywords: Blockchain, Supply Chain Management, Traceability, Efficiency, Trust, Case Studies, Best Practices, Agriculture, Pharmaceuticals, Manufacturing, Challenges, Future Directions

Trademark Protection Versus Parodic Use in Commerce: A Comparative Analysis of the US Approach Post Jack Daniel’s Properties v. VIP Products and the German Likelihood of Confusion Analysis

Abstract In June 2023, the US Supreme Court delivered its highly anticipated verdict in Jack Daniel’s Properties v. VIP Products. The case involves a parodic use of the famous Jack Daniel’s Tennessee whiskey trade dress, name, logo and appearance by VIP Products, which sells dog toys called ‘Silly Squeakers.’ The disputed toy, named ‘Bad Spaniels,’ resembles the whiskey bottle in shape and design but with humorous alterations. Jack Daniel’s argued that this use could confuse consumers and harm the company’s reputation. VIP Products, on the other hand, claimed it was exercising its First Amendment right to free speech through parody. Jack Daniel’s requested VIP Products to stop advertising and selling the toy. The central issue is the balance between brand protection under US Trademark Law and the right to a parodic use in a commercial context when a mark is used as a mark with a source-identifying purpose. Additionally, the impact of consumer surveys for determining the likelihood of confusion in case of an infringement action is emphasized. Overall, the case raises critical questions about trademark protection and freedom of speech, with potential implications for future parodic uses of famous marks in commercial contexts. The distinction between actions for infringement and dilution by tarnishment lies in their respective purposes. Dilution actions aim to safeguard the reputation of a famous mark’s owner, while infringement actions seek to prevent confusion among consumers. These fundamental principles hold true in both US and German trademark law. The forthcoming analysis will delve into the implications and consequences of the US Supreme Court’s ruling, comparing it with pertinent German case law concerning freedom of speech and artistic expression. Particular focus will be given to the potential authorization of parodic use of a mark resembling another’s trademark for commercial purposes. Notably, a relevant case involving canines, referred to as the ‘Leaping Poodle,’ will be central to this contemplation.