Intellectual Property Protection and Enforcement Manual - Ipr-policy.eu

Case Studies
Brand Protection Manual
ABRO Industries Inc.
Take a stroll down the aisles of automotive and hardware stores around the world, and
the impact of ABRO Industries, Inc., is seen on the shelves. Whether it’s motor oil, car
cleaning products, sealants, or even duct tape, ABRO’s diverse product offerings have
helped keep cars running and have been the glue that holds projects together for 65 years. Its
automotive, consumer, and industrial products have earned a loyal customer following due to
the company’s affordable and dependable products, as well as a business philosophy that
emphasizes the value of having global distribution partners.
As with any company possessing a global supply chain, ABRO takes an aggressive approach
to protecting its products and customers from counterfeiting. As William Mansfield, a former
military intelligence specialist and currently ABRO’s intellectual property attorney, points out,
“You need to outsmart the counterfeiters at their own games, and you can’t always rely on
traditional methods for doing so.” With a presence in more than 180 countries and an
anti-counterfeiting team in more than 100 of them, ABRO’s need for a dedicated intellectual
property (IP) officer is clear.
The Challenges
ABRO battles two primary types of counterfeit products: (1) exact counterfeiters who
copy the packaging of ABRO’s products but provide inferior products, and (2) trade dress
counterfeiters who slightly change the product’s packaging to give the consumer the
impression of an ABRO original.
By combining knowledge of IP laws around the world and an aggressive strategy to stop
counterfeiting, ABRO has made significant progress in recent years, particularly in China.
“We’ve been very pleased with the Chinese system,” says Mansfield. While competent advisers
are crucial, and sanctions are not as severe as in the U.S., “overall, we believe the Chinese are on
the cusp of a breakthrough in their legal system, giving IP holders real options [against counterfeiting]
in China.” ABRO is unrelenting in China as counterfeiters try to exploit the country’s
vast manufacturing system. Mansfield adds, “China is a huge country, and counterfeits keep
popping up. But because of our legal successes in court, we know there is no one we can’t stop.”
However, Mansfield believes that ABRO’s most significant IP challenges in the long run will
stem from trade dress counterfeiting. Because ABRO’s efforts to thwart exact counterfeiters have
proven successful, these criminals have shifted gears to focus on deceptive trade dress efforts.
“You’ve got to hit the counterfeiters in ways they don’t expect to keep them moving,” Mansfield
explains. “When they can’t see it coming, they will move to the fringes of counterfeiting and
replace ‘ABRO’ with ‘ABRD’ to try to catch the consumer off guard.”
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