Pink Lady America seeks to stanch trademark infringement
Pink Lady America seeks to stanch trademark infringement
Movement of the popular "Pink Lady? brand apple continues at a brisk pace, according to Pink Lady America Marketing Director Alan Taylor, with shipments early in 2005 up more than 600 percent over the 2002-03 year that saw a devastating crop freeze.
Demand was high during the week of Christmas 2004, and by Jan. 3, a to-date total saw 288 cars compared to 172 cars of Pink Lady apples shipped from the Yakima and Wenatchee districts of Washington state.
?To date, "Pink Lady? brand apple is doing well," Mr. Taylor reaffirmed in early February. "However, there is a problem at retail that needs to be addressed."
Stressing that the problem did not originate with the retail sector, Mr. Taylor went on to say that Pink Lady America, the North American association that is a member of International Pink Lady Alliance, is seeing increased infringement on its trademarked product.
?This apple is one of the few items in the produce department that is trademarked," Mr. Taylor noted. "On an international basis, around $30 million of grower funds have been invested in this trademark through associations such as Pink Lady America."
He said that varieties other than Pink Lady but bearing a Pink Lady PLU sticker have shown up in produce departments. "A Pink Lady sticker was found on a Topaz variety in New England, Mr. Taylor said. "That violates both Pink Lady and Topaz [stickering regulations]. We also found a display promoting Chilean Pink Lady apples recently, and they don?t come into season until May and June."
He added that infringement takes on other guises as well. "It may be the use of the Pink Lady name on the PLU sticker without the register mark " [or] the use of the cultivar name [Cripps Pink] on the PLU sticker under Pink Lady signage. It may be the use of the Cripps Pink name on the PLU sticker that magically becomes "Pink Lady? on the receipt at the checkout stand. It may be the Flowing Heart logo on some fruit that?s commingled with other fruit. We?ve even recently found another apple that neither looks nor tastes like a Pink Lady being marketed using the Pink Lady name.
?We have no choice but to protect our trademark. To do otherwise would eventually see its loss," he said. "As a marketer, [infringement] is a huge problem. How can I promote fruit as Pink Lady when it isn?t identified as such at retail or if it has two names, Pink Lady and Cripps Pink? It has to be very confusing to the consumer who is looking for a Pink Lady."
The upshot is an education program being initiated by Pink Lady America.
A letter from Pink Lady General Manager John Reeves is being sent to suppliers and retailers "explaining the infringement issue and that the only way to be sure you have the real Pink Lady is to look for the Flowing Heart sticker," Mr. Taylor continued.
?We?re hoping to educate all retailers who may be infringing to stop it," he said. "In fact, rather than put this on the retailer, the retailer should be putting it on the supplier. The fruit has to be grown on licensed trees, packed by licensed packers or [sent] by foreign shippers [to] U.S. importers."
The apple is produced worldwide only on certified Cripps Pink trees. In the United States, Pink Lady America works with between 215 and 220 growers, primarily in California and Washington. That number has grown by nearly 100 in the past three years, and the packer licensees, now approximately 20, have also increased significantly since 2002.
U.S. growers are assessed $1.25 per 40-pound equivalent for marketing the trademarked apple, Mr. Taylor added.
?Branding is becoming more and more important in the produce department. Much of the money made from brands goes in the marketing of new products, which is something valuable to the retailer and consumer alike.
?We just need to have everyone on the same page," Mr. Taylor concluded.
Demand was high during the week of Christmas 2004, and by Jan. 3, a to-date total saw 288 cars compared to 172 cars of Pink Lady apples shipped from the Yakima and Wenatchee districts of Washington state.
?To date, "Pink Lady? brand apple is doing well," Mr. Taylor reaffirmed in early February. "However, there is a problem at retail that needs to be addressed."
Stressing that the problem did not originate with the retail sector, Mr. Taylor went on to say that Pink Lady America, the North American association that is a member of International Pink Lady Alliance, is seeing increased infringement on its trademarked product.
?This apple is one of the few items in the produce department that is trademarked," Mr. Taylor noted. "On an international basis, around $30 million of grower funds have been invested in this trademark through associations such as Pink Lady America."
He said that varieties other than Pink Lady but bearing a Pink Lady PLU sticker have shown up in produce departments. "A Pink Lady sticker was found on a Topaz variety in New England, Mr. Taylor said. "That violates both Pink Lady and Topaz [stickering regulations]. We also found a display promoting Chilean Pink Lady apples recently, and they don?t come into season until May and June."
He added that infringement takes on other guises as well. "It may be the use of the Pink Lady name on the PLU sticker without the register mark " [or] the use of the cultivar name [Cripps Pink] on the PLU sticker under Pink Lady signage. It may be the use of the Cripps Pink name on the PLU sticker that magically becomes "Pink Lady? on the receipt at the checkout stand. It may be the Flowing Heart logo on some fruit that?s commingled with other fruit. We?ve even recently found another apple that neither looks nor tastes like a Pink Lady being marketed using the Pink Lady name.
?We have no choice but to protect our trademark. To do otherwise would eventually see its loss," he said. "As a marketer, [infringement] is a huge problem. How can I promote fruit as Pink Lady when it isn?t identified as such at retail or if it has two names, Pink Lady and Cripps Pink? It has to be very confusing to the consumer who is looking for a Pink Lady."
The upshot is an education program being initiated by Pink Lady America.
A letter from Pink Lady General Manager John Reeves is being sent to suppliers and retailers "explaining the infringement issue and that the only way to be sure you have the real Pink Lady is to look for the Flowing Heart sticker," Mr. Taylor continued.
?We?re hoping to educate all retailers who may be infringing to stop it," he said. "In fact, rather than put this on the retailer, the retailer should be putting it on the supplier. The fruit has to be grown on licensed trees, packed by licensed packers or [sent] by foreign shippers [to] U.S. importers."
The apple is produced worldwide only on certified Cripps Pink trees. In the United States, Pink Lady America works with between 215 and 220 growers, primarily in California and Washington. That number has grown by nearly 100 in the past three years, and the packer licensees, now approximately 20, have also increased significantly since 2002.
U.S. growers are assessed $1.25 per 40-pound equivalent for marketing the trademarked apple, Mr. Taylor added.
?Branding is becoming more and more important in the produce department. Much of the money made from brands goes in the marketing of new products, which is something valuable to the retailer and consumer alike.
?We just need to have everyone on the same page," Mr. Taylor concluded.
