WHAT'S IN A NAME?

Did you know that the term 'brand' derives from 'brandr', which essentially means 'to burn'? Marking livestock with fire-heated stamps with distinctive logos or symbols identifying the ownership of farm animals had been in place for centuries.

How often do we use the word 'brand' in our everyday lives? Quite often indeed. More so, we use names and logos to create a distinct impression of a particular company, product or service and so on, helping us to form preferences and make decisions.

It is this leverage of a 'good' brand that unscrupulous businesspeople take. Examples of piracy, copyright violations, counterfeit products and infringement of intellectual property rights are everywhere around us. And the culinary sector is no exception.

Dhaka has its share of highly celebrated eateries, with the reputation being handed down from one generation to the next, along with age-old recipes that have survived the test of time. Names such as Haji Biriyani and Kasturi come to mind. On the other hand, we have all seen outlets using names of international food chains that are yet to even set foot in Bangladesh!

All these trademarks are heavily abused. One way it is done is by adding prefixes and suffixes to the name, such as 'new', 'garden' and 'original'. Shahriar Imtenan, a university student who had come from Chittagong, recalls how he fell into this little trick when he first came to Dhaka. "When I saw 'Original Hajir Biriyani' in the signboard, I, being new, didn't think that it would be a duplicate! Also, in many cases, these outlets display the 'borrowed' brand name prominently whilst the extra word is written in a tiny font," Imtenan complains.

Imtenan had been deceived once. But through a couple of years of living in this city, he now knows which outlets to trust. And it is this knowledge the authentic eateries depend upon. Kasturi, located in Purano Paltan (which is its only branch), is a flagship eatery serving Bangladeshi cuisine for more than three decades. Although it had registered its brand name, there are other eateries which are using it by adding prefix/suffix. Kawsar Ahmed, Managing Director, Kasturi, points out, "People know us. They recognise the superior quality of our brand. They cannot be tricked or deceived easily."

There is also a general perception among the owners of many of the renowned eateries that if prefixes or suffixes are added to their respective brand's name, the duplicate outlets may be immune to legal actions. A B M Hamidul Mishbah, Founder and Chief Executive, Bangladesh Copyright and IP Forum, disagrees. "Deceptive similarity in names, logos, taglines and so on, confuses the customers, and it is a misrepresentation of the original trademarks, which has spent numerous years, money and intellect to attain their reputation. The law does not allow you to exploit that." he explains.

The need for protecting intellectual property rights may also increase with the maturity and competitiveness of the market.

"Awareness needs to be raised among the intellectual property owners themselves," Mishbah draws the most important conclusion. "If they do not understand their rights regarding their own intellectual properties, or do not bother to take any action, how can you expect the unscrupulous people to stop running such ventures?"