Product and brand piracy - a serious threat to the economy and consumers

Product and brand piracy is a lucrative business worth billions. It is proven that increasingly extremely low-quality counterfeits are being offered, that pose enormous safety risks. Clearly, plagiarisms and counterfeits are neither a compliment nor harmless trivialities. They are ruthless, destroy jobs and mean stagnation instead of diversity and progress. The damage caused by counterfeits to buyers and innovative manufacturers is massive. The explosive spread of product and brand piracy is encouraged by globalisation, online trade & digital communication - and by the specific demand of gullible (online) bargain hunters. Fact is, counterfeits are the opposite of a status symbol. It is the (personal) responsibility of every consumer to consciously and enthusiastically choose the original and thus deprive the counterfeiters of their basis for business.

Negative "Plagiarius" Award - Against brazen idea theft - For innovation and fair competition

Since 1977, the "Plagiarius" negative prize has been awarded annually at the Frankfurt "Ambiente" trade fair to manufacturers and dealers of particularly brazen plagiarisms and counterfeits. The award says nothing about whether a counterfeit product is legally permitted or illegal.

The aim of the Plagiarius campaign is to protect the innovative strength and intellectual property of companies and creatives. To this end, it raises public awareness of the unscrupulous business methods of counterfeiters and sensitises industry, politics and consumers to the problem in a practical way.

Trophy: A black dwarf with a golden nose - symbol of the immense profits that unimaginative imitators literally earn at the expense of creative people and industry.

The Museum Plagiarius in Solingen shows more than 350 Plagiarius award winners from a wide range of industries - in each case the original and the plagiarism in direct comparison.

Counterfeits mean standstill - the original stands for diversity and the future!

www.plagiarius.com
www.linkedin.com/company/aktion-plagiarius-innovation-vs-imitation

1. Prize - Pliers “KNIPEX TwinGrip"

Left Original: KNIPEX-Werk C. Gustav Putsch KG, Wuppertal, Germany
Middle + right Plagiarisms:
Distribution via temu.de / Operator: TEMU Whaleco Technology Limited, Ireland
Pliers (mid): Retailer: Mix Together (private shop, PR China)
Pliers(right): Retailer: Decent Craftsman (private shop, PR China)

KNIPEX Products are powerful, innovative and beautifully designed. For good reason, KNIPEX protects them with patents and registered designs: Thousands of counterfeit products are offered on global online platforms. KNIPEX constantly monitors and deletes infringing products, including these two “TwinGrip”-imitations. The combination of front gripping and side gripping function is unique, the particularly resilient joint is five-way adjustable and enables ideal adaptation to different workpiece sizes. Visually, the only difference between the imitations and the original is the smooth plastic of the handles. The inferior quality is reflected in a shorter life time due to cheap materials and workmanship as well as the difficult-to-operate push button - and chemical vapours. KNIPEX's criticism of Temu & Co: Despite knowledge of the property rights and despite the ‘notice-and-take-down’ of a product, identical or the same plagiarised products can easily be reintroduced. Too little prevention. And too little sanctioning of infringers.

2. Prize - Bicycle basket “bikebasket“

Left Original: Reisenthel Accessoires GmbH & Co. KG, Gilching, Germany
Right Plagiarism:
Distribution via manomano.de / Operator: Colibri SAS – ManoMano, Paris, France
Retailer: „START“ (no company or address data given)

Dubious! The imprint of the online retailer ‘START’ is empty, and the parcel sender of the test purchase is ‘From: Shipper only, not seller’ in Kelsterbach. And Colibri, the operator of the online marketplace manomano, declares that it only provides the technical facility for use by retailers and buyers and is not a party to the contract. So, who is now liable or is the buyer's point of contact in the event of cancellation? If no responsible party can be identified and the platform operator cannot name one, then the latter is liable under the Product Liability Directive - or, if applicable, the fulfillment service provider. At the same time, as soon as a platform operator becomes aware of an infringing offer, he is obliged to delete it immediately, otherwise he is also liable. Colibri has not responded to 2 notifications from Reisenthel, only to a lawyer's warning. Reisenthel protects all its designs throughout the EU and takes action against the countless cheap imitators of its bestsellers.

3. Prize - Greeting Card Motif – used as decoration for a 35-piece porcelain series

Middle: Original Card: Atelier Jörg Mohme, Malsch, Germany
Around: Plagiarisms: Distribution via a French gift wholesaler
Manufacture: PR China

Whether attractive product design or innovative technical solutions, whether film, music, fashion - or, as in this case, art. None of this can be taken for granted. That's why creativity, talent, inventiveness and ingenuity deserve our appreciation, and protection. Due to a lack of respect for the intellectual property of the artist Jörg Mohme, a French retailer has used the copyrighted motif from the ‘African Impressions’ series as a decoration for a 35-piece, very popular porcelain series without prior agreement. The plagiarism was only discovered by chance. As the retailer was unreasonable and denied copyrightability, Mohme filed a lawsuit. This was followed by a nerve-wracking 9-year trial. The court in Lyon confirmed the copyright protection of the original and the existence of an infringement and ordered the retailer to cease and desist and pay substantial damages. The simple, fair solution would have been to ask Mohme to use the motif in return for a licence fee.

Distinction - Insect Bite Healer “BR 60”
Left Original: Beurer GmbH, Ulm, Germany
Right Plagiarism:
Manufacturer: Hangzhou Industrial Instrument Meter Co., Ltd., Hangzhou, PR China
Distribution: via 1688.com and other eCommerce-Platforms
A German Online-Retailer has signed a cease and desist declaration

With its insect bite healer BR 60, the long-established company Beurer has developed an instrument for treating insect bites and stings. Immediately after a bite, the ceramic heating plate of the insect bite healer is placed on the bite area - the targeted heat development can accelerate the healing process. Not only has the design of the insect bite healer been copied and misleading advertising claims were made - the plagiarised product claims to have a medical function without having passed the EU's strict requirements and tests for medical devices. More than enough reasons for the German online retailer to stop the sale of the plagiarism and sign a cease-and-desist declaration. Also, all infringing offers were removed from amazon.de after reference was made to the registered design. Brazen: The Chinese manufacturer has registered design protection for its plagiarism in China and offers it online in large quantities.

Distinction - Toy Excavator “BRUDER ROADMAX“
Left Original: BRUDER Spielwaren GmbH + Co. KG, Fürth, Germany
Right Plagiarism:
Distribution: Brigamo GmbH, Bellheim, Germany (via amazon.de; has been cancelled)
Wholesaler: Shantou Tombo Toys Co., Ltd., Guangdong, PR China (via made-in-china.com)
Manufacturer: Jinjia Toys Factory, Guangdong, PR China

Toy vehicles - functional, realistic and yet with individual design details - that's what BRUDER Spielwaren stands for. All products are developed in Fürth and produced in the EU. They are often models that correspond to a construction or agricultural vehicle from real life (e.g. Liebherr, Caterpillar) and are developed as toys under licence. More and more often, however, they are in-house creations for which there are no real-life models. Imitators from all over the world have been unabashedly copying BRUDER's successful designs for years - but the plastic is usually of inferior quality and breaks quickly, posing a risk of injury. BRUDER therefore protects all its designs and technical solutions internationally and consistently holds imitators accountable. The plagiarism (XE 7000) costs almost the same as the original (XE 5000), but is significantly smaller. Brigamo's offer on amazon.de has been cancelled, but the retailer is still unreasonable.

Distinction - Radiator Grille “Mercedes-Benz Star Pattern“

Above Original: Mercedes-Benz Group AG, Stuttgart, Germany
Below Counterfeit: Distribution: JB CUSTOMS, Pedreguer, Spain

A bargain? Not at all: The infringing brand and design counterfeit from JB Customs is 150 euros more expensive than the original product! And this radiator grille is not the only counterfeit in the range. Among other things, the figurative marks of the Mercedes-Benz star and product designs are infringed. Since JB Customs showed no reaction to a cease and desist letter, Mercedes-Benz applied for and obtained a preliminary injunction - the sale was stopped. Mercedes-Benz also takes consistent action against counterfeiters in close cooperation with law enforcement authorities: In 2023 alone, more than 1.6 million counterfeits were seized in more than 740 raids worldwide. To protect consumers. Many counterfeits are of inferior quality and can harbour risks that should not be underestimated, such as a poor fit, impaired functionality of sensors and cameras, and thus of safety assistants.

Distinction - Recycling Bin System „ALBULA“ (stackable)

Left Original: Rotho Kunststoff AG, Würenlingen, Switzerland
Right Plagiarism:
Distribution: Zhejiang Senshu International Trade Co., Ltd., PR China
Manufacturer: Zhejiang Woka Home Product Co., Ltd., PR China

Numerous imitations of the innovative and design-award winning ALBULA system from the long-established company Rotho are circulating on the Internet. The dimensions and proportions are identical to the original and the design is copied down to the last detail: From the removable lid with integrated flap, the carrying handles with patented latching buttons to the colour differentiation of container, lid and handles. Rotho is regularly affected by plagiarism and takes consistent action against design and patent infringements. After reference to the protected design, infringing offers on amazon.de were removed. Woka Home Products, who presents himself as an experienced manufacturer of plastic products, denies ever having produced or distributed the plagiarism. However, the plagiarism was advertised in the Woka Home catalogue with photos (3 colour variants), detailed technical information, prices and terms of payment and delivery.

Distinction - Electrically insulated screwdrivers „Proturn“ (VDE-certified)

Left Originals: Wiha Werkzeuge GmbH, Schonach, Germany
Right Plagiarisms:
Retailer: Guangzhou City Group Trade Co., Ltd., PR China
Manufacturer: Dongguan Yile Electronic Commerce Co., Ltd., PR China

VDE registration in accordance with DIN EN IEC 60900? Not the case with the plagiarisms! Nevertheless, they are advertised as ‘insulated’ screwdrivers for electricians. Tests show that they do not fulfill the requirements of the international standard and there is a risk of electric shock. The differences in the quality of materials and workmanship are also obvious. The Wiha-typical shape and colour combination of the handles has been copied 1:1, which can lead to misleading information about the origin. Wiha regularly has cheap plagiarisms deleted from e-commerce platforms. The operators of a Chinese online platform responded to Plagiarius's letter: they would delete plagiarisms immediately after notification and had also installed systems to proactively recognise infringing products - and they gave us a personal contact person. Reachability: so-so. The promises must now be followed by action.

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