Bahamian companies ought to be aware that it is illegal to steal concepts and trademarks of franchises, no matter where they may be located, the head of a key business organization warned on Tuesday.
Bahamas Chamber of Commerce President Winston Rolle said it brings unwanted attention from international companies.
“When we talk about intellectual property rights we only give consideration to maybe the issue of pirating, broadcast television, or maybe DVD or movies,” he said.
“But it goes beyond that. When you consider a franchiser and the amount of money they would have invested in developing their franchise, developing their brand, and building brand awareness, having someone come in and take some of their intellectual capital and promote a different product using that intellectual capital, it’s not something they take very lightly.”
Mr. Rolle said that these violations seldom go un-noticed by franchisers regardless of where the violation took place.
He also said that Bahamian laws are continuously evolving, and that they are meant to protect Bahamian franchisers.
Prime Minister Perry Christie officially opened the restaurant late last year amid great fanfare.
No Friday’s Soon Come official would talk to The Bahama Journal on the notice published by Carlson.
That notice said the company had not given the restaurant any authority to use its trademarks nor had it granted it the franchise.
Jeff Rotering, political and economic officer in the United States Embassy, also believes that the issue of misrepresenting franchise trademarks is a serious one.
He said when violations of this type occur it is left up to the aggrieved company to take legal action.
“The misuse of franchises, the misuse of franchise names, trademarks and reputations is a serious issue and it’s one that the United States Trade Representative, United States Department of State and the United States Government take very seriously,” he said.
“There is only so much that the US Government can do by itself if there are violations of trademark and copyright issues in foreign countries.
Oftentimes enforcement comes down to the original franchise owners in the United States or where ever that franchise originated coming to The Bahamas or where ever there maybe a violation and enforcing that.”
Mr. Rotering said violations of that sort occur worldwide as some people try to steal intellectual property and trademarks.
He noted that lawsuits are normally the end result and generally speaking the franchise owners win the lawsuits.
His comments came following a press conference at The Bahamas Chamber of Commerce office on Shirley Street, where plans for a Business Development Expo were announced.
The event will take place at the Wyndham Nassau Resort on March 23 and 24.
One of the issues expected to be addressed is that of franchises. It will also be a chance for aspiring businesspersons to learn how to secure financing, officials said.
Perez Clarke, The bahama Journal
March 9, 2005
