Mass plagiarist caught red-handed

[Montero]

First off - just want to say - totally against this plagiarism.

That said - it occurs to me - that you could argue the same thing happens with supermarkets, especially "own brand". So for example, I really like New Covent Garden Soup. Both to eat and in a "go you" way for them having set up a new brand (which must have been really hard work). Now there are supermarket own brand versions on the shelf next to the NGC Soup.
So, there is copyright protection for creative work (writing, painting etc)
There is patents for inventions - where you have to pay the patent holder a fee. (Though the patent holder has to pay to get a patent in the first place.)

Anyone know - what is the answer (if any) for copycat products like some "own brand"?

And also reminded of medieval guilds and trade secrets. Some products/companies still basically utilise that - rather than patent, you just keep it very, very secret. Which doesn't work of course for anything like writing.

 

[Ursa major]

I suppose the only action that could be taken would be on the basis of the recipe being stolen and/or the "own brand" product's labelling being made indistinguishable from the original's. By definition, the second isn't happening, and it's hard to prove that one is an exact copy of the other. There's a good chance that they won't taste quite the same, given that if the own brand is an attempt to copy the original (not using the recipe), it'll be based on the original's list of ingredients (with the use of some expert palates in the testing stage).

 

[HareBrain]

Anyone know - what is the answer (if any) for copycat products like some "own brand"?

In the case of supermarkets' own brands, I was told a long time ago that they're usually made by the same manufacturers as the original, to a different recipe. I don't know if this is true.

 

[AnyaKimlin]

In the case of supermarkets' own brands, I was told a long time ago that they're usually made by the same manufacturers as the original, to a different recipe. I don't know if this is true.

Baxters and Walkers make stuff for ALDI and LIDL whilst pretending they don't. But you see the M&S and Waitrose trucks picking up loads from time to time.

 

[Venusian Broon]

In the case of supermarkets' own brands, I was told a long time ago that they're usually made by the same manufacturers as the original, to a different recipe. I don't know if this is true.

There seems to be loads of anecdotal evidence from lots of people that this is the case. Sometimes they don't even change the recipe, it seems.

For example, if you are a multi-national with a huge UK biscuit factory, it will make sense to produce all the own-brand biscuits for the super-markets as this will increase your plant efficiency and (presumably) increase your profitability. As long as you continue to convince the public that your more expensive branded products are worth the extra, I suppose. (Even when they are sometimes physically identical to the cheaper brand ones.)

 

[Boneman]

Play five chords that seem to resemble another musician's music and you get sued for squillions. Is the Plagiarist going to be sued for what she made dishonestly? (Sorry if I missed that sort of thing - couldn't see it in the press...)

 

[Venusian Broon]

Play five chords that seem to resemble another musician's music and you get sued for squillions. Is the Plagiarist going to be sued for what she made dishonestly? (Sorry if I missed that sort of thing - couldn't see it in the press...)

I understand that the plagiarist has 'withdrawn' ten of her books from sale on Amazon (still leaving 67 titles with her named as author) and that no one has sued her - although potentially they could have. Perhaps the authors impacted have been advised by legal experts that such an action was possible but in the long run just not worth it to them. Legal costs higher than rewards???

 

[pambaddeley]

I suppose the only action that could be taken would be on the basis of the recipe being stolen and/or the "own brand" product's labelling being made indistinguishable from the original's. By definition, the second isn't happening, and it's hard to prove that one is an exact copy of the other. There's a good chance that they won't taste quite the same, given that if the own brand is an attempt to copy the original (not using the recipe), it'll be based on the original's list of ingredients (with the use of some expert palates in the testing stage).

as far as I know, the two big things when it comes to products is trademark/brand and the question of whether someone is 'passing off', that is, making their product look so much like another manufacturer's, a consumer might pick it up by mistake thinking it is the well known one instead. If a company is caught doing that I believe the legal bill could be huge.

 

[Ray McCarthy]

In the case of supermarkets' own brands, I was told a long time ago that they're usually made by the same manufacturers as the original, to a different recipe. I don't know if this is true.

Mostly it's the same recipe by original maker. It would only be different if the supermarket is looking for something REALLY cheap (more sugar and/or water etc).
Many products use traditional recipes, or old ones that can't be protected by copyright. Patent would only cover HOW it's made.
Bottled water can only be a cheaper recipe if it's tap water (Which was case ironically for Coca-Cola's OWN brand).
Some makers won't do it at all.