Reputation parasitism

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Reputation parasitism, reputation leeching or credibility leeching is a legal term regarding marketing. It refers to when one advertiser uses another brand's good reputation to market his own product. [1] The legal concept of reputation parasitism originates in the Nordic nations. [2] In many places it is illegal to do so. For instance in Sweden it is outlawed according to Marknadsföringslagen ("Swedish Marketing Act") (1995:450).

The Finnish Market Court expanded its interpretation of the Unfair Business Practices Act to treat reputation parasitism as an enforceable violation of fair business practices, bringing Finnish law more closely in line with Swedish law. [2]

Examples of reputation parasitism include having a product in a design that is very similar to an existing product [3] or using a similar name. [4] The concept of reputation parasitism has also been applied to counterfeit consumer goods, which can also leech off of and damage the reputation of established brands. [5]

See also

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<span class="mw-page-title-main">Trademark infringement</span> Violation of trademark rights

Trademark infringement is a violation of the exclusive rights attached to a trademark without the authorization of the trademark owner or any licensees. Infringement may occur when one party, the "infringer", uses a trademark which is identical or confusingly similar to a trademark owned by another party, especially in relation to products or services which are identical or similar to the products or services which the registration covers. An owner of a trademark may commence civil legal proceedings against a party which infringes its registered trademark. In the United States, the Trademark Counterfeiting Act of 1984 criminalized the intentional trade in counterfeit goods and services.

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Legal fake is a phenomenon in the fashion industry wherein a third company precedes the original brand company in the registration of the trademark, running its own business, from production to sales, in another country. By exploiting the products, creativity, marketing, and advertising strategies of the original brand, the company misleads consumers, who are not aware that the goods are fake goods. Thus, its typical traits lay upon the question of intellectual property, trademark registration laws among different countries, advertising strategies, and consumer behaviour.

References

  1. Affärsvärlden: Renommésnyltning och vilseledande påståenden i marknadsföring av spel
  2. 1 2 Samelin, Jessica (2016-08-29). "Reputation parasitism: functioning concept or failed attempt?". Lexology. Retrieved 2024-04-24.
  3. MD 2005:13
  4. SMH: Versace puts stopper in local wine of same name
  5. Busby, J.S. (2019). "The co-evolution of competition and parasitism in the resource-based view: A risk model of product counterfeiting". European Journal of Operational Research. 276 (1): 300–313. doi:10.1016/j.ejor.2018.12.039.