Criterion Global: International Media Buying Blog

When one thinks of “counterfeit goods,” some may associate with street side peddlers and shady, dimly lit back rooms found off of NYC’s Canal Street, or what was once Beijing’s silk market. Few would think of widely-distributed brands and even franchised store-front businesses.

A recent article from the New York Times, “Retailer Knockoffs Abound in India” questions these perceptions by examining two Indian consumer brands with significant similarities to brands popular in the US and Asia; specifically, India’s “Woodland” footwear brand and the “Cocoberry” frozen yogurt chain which resemble “Timberland” and “Pinkberry” from the United States in a multitude of ways, notably either brand’s logo and their product.

Predictably, neither Timberland nor Pinkberry believe imitation is the highest form of flattery. The similarities between Timberland and Woodland have, in fact, prompted Timberland to speak out against this perceived infringement of intellectual property rights.

Granted there are uncomfortable similarities between the two, and the fact that the 1993 launch of Woodland in India seems to coincide with the reinvention of Timberland in the West as a lifestyle brand in the mid-90’s. Still, confrontations on doppelganger branding, when it happens under a separate brand name – are rare, with the notable exception of Gucci’s recent suit against Wal Mart over luggage with a similar insignia associated with the iconic luxury brand.

Between companies where the similarities are less clear, as is the case between Cocoberry and Pinkberry according to the NYT article, one must ask whether this issue isn’t simply an attempt for Western brands to gain competitive control over India’s emerging market. It is interesting to note that in the United States Pinkberry faces competition from other frozen yogurt brands, such as Red Mango, which is Pinkberry’s major competitor in Korea. Yet Pinkberry only seems concerned with product similarities between itself and Cocoberry, which has a foothold on the growing Indian consumer market.

Whether these Indian brands copied or otherwise infringed on other brands’ property is hard to determine, but Western companies tread a fine line in approaching similar brands in emerging markets, as blatantly seeking vengeance or legal retribution may actually jeopardize their future in that market as consumers move to support their national brands over unfamiliar Western ones.