Spurious Goods

As globalisation brings in new and various products, counterfeit goods also spread quickly. This has a negative influence on local retailers and trademark owners by taking away part of their local market share, taking advantage of the designs of a brand’s

Clare’s Chocolate Cafes has always used good quality cocoa to make their chocolate products. This is, in itself, an amazing marketing product because customers know that while they may be paying a little bit more, the product is worth it. As well, the organization makes a wise customer draw when each hot beverage is served with a high quality chocolate product. The early practice of making chocolate products by hand and providing individual or pre-packaged products, of all sizes, for the customer to select, was

Economic: Globalization of the pharmaceutical industry is an exciting opportunity to have research and development done at cheaper prices in other countries. However, this could be a double edged sword for companies because it is easy for other countries, such as India, to produce generic versions of the drug in bulk.

Another legal definition can be found under the Lanham Act where it is defined as, “Under Section 43(a) of the Lanham Act, a claim can be made against a defendant for false or misleading advertising. For a claim against a defendant for false advertising, the following elements are met and the plaintiff must show: (1) defendant made false or misleading statements as to his own products (or another’s); (2) actual deception, or at least a tendency to deceive a substantial portion of the intended audience; (3) deception is material in that it is likely to influence purchasing decisions; (4) the advertised goods travel in interstate commerce; and (5) a likelihood of injury to plaintiff. However, the plaintiff does not have to prove actual injury.” The Lanham Act has a more specific and

1. Breach of an express warranty - An express warranty is a guarantee from the seller of a product that specifies the extent to which the quality or performance of the product is assured and states the conditions under which the product can be returned, replaced, or repaired. It is often given in the form of a specific, written "Warranty" document. However, a warranty may also arise by operation of law based upon the seller's description of the goods, and perhaps their source and quality, and any material deviation from that specification would violate the guarantee. For example, an advertisement describing a product is often full of express warranties; the product must substantially conform to what is advertised. Many advertisers insert disclaimers for this purpose (e.g., "actual color/mileage/results may vary", or "not shown actual size"). Commonly, written warranties will assure the buyer that an article is of good quality and against defects in "materials and workmanship." A warranty may also apply to services that

(TCO 5) Fraud is an intentional misrepresentation of facts, made for the purpose of persuading another party to act in a way that causes injury or damage to that party. In our readings and discussions we have seen several examples of fraud in business. Using that experience (1) provide an example of a common fraudulent practice in business with an explanation of how the practice works and (2) name and describe each of the elements of the Fraud Triangle.

A person may pretend to be someone who is different from his/ her real self so as to trick people and obtain something valuable from them. An individual may use a copy of something that has a close/ similar appearance to the original one so as to trick people and enrich himself/ herself in the process (Oklahoma,

This is when the seller deliberately makes false statements of goods and this would be called fraud which is a criminal offence. Example of this would be someone selling a fake Apple watch and told the buyer that’s its real when it’s not. Under the Act, the court would fine the person that sold the watch. The customer that is affected would be able to cancel the contract and claim their money back.

Fake. Fake is a child pretending to cry to get something that he wants. Fake is the fruit basket on a table, that ends up being made of plastic. Fake is to act one way towards one person, and to act another way in front of someone else. That is fake.

• Section 29(1)(k) (“false or misleading representation concerning the place of origin of the goods”)

The next vendor I stopped at was selling dog collars and leashes. I ended up buying a faux Gucci dog collar for my dog because the vender used the principle of scarcity to convince me to buy the collar. Initially, I approached the second booth with the intention of buying a cheaper, more basic dog collar with no design. Then, when I encountered the fake Gucci dog collar, I was amused and thought it was cool. However, as I was about to put to it back, the vendor came up to me and told me that it was the last one he had in stock. He also told

Counterfeiting is quite the popular industry. That is, it seems as though almost everyone has a counterfeit good these days, or at least a friend or family member does. These unique booths are constantly crowded with people just dying to get the best deal on a knockoff item so they can show it off to their friends as the real thing. However, these people don’t realize the actions they evoke when they support these industries. Most counterfeit industries rely on child labor and human trafficking to

“At 6 a.m., 10-year-old Emmanuel wakes and readies himself for a day of labor in the cocoa fields. Along the way, he watches as other kids walk in the opposite direction - toward school. He reaches the fields at sunrise and uses his machete to slice ripe cocoa pods from the tree. Later, he carries the cocoa pods he’s harvested from the field, hacks them open and gathers the pods, which will later be used to make chocolate” (Huffington Post). In Africa, many children are denied the basic human right to learn like Emmanuel, as they toil endlessly on the gruesome cocoa plantations in Ghana and the Ivory Coast. The endless suffering of children in Africa is subject to consumers who crave the sweet treat that comes in many shape and sizes; Chocolate.

Fake. False. Fraud. They all come to mind with photo-shopped images. They have been altered in some way, making the picture different from the reality of it. People do not believe they would like such images containing it, or that they could not spot such contamination. Nonetheless, it is harder to spot it than one might think, mainly because it is everywhere in photography. It fools people time and time again into believing what they see. Manipulating photos constantly has ultimately degraded society’s perception of the world and overall mindset, thereby costing the world time, money, confidence, and health.

“Dark, earthy, natural, intense.” These four words can be used to describe almost any aspect of Pana Chocolate’s range of raw, organic, handmade chocolate bars. The brand, founded in Melbourne, offers a range of chocolates available in the health food section at supermarkets that appeal to a range of consumers needs, being ethically produced, raw, organic, dairy, soy, egg and refined sugar free, vegan, and made from all natural ingredients (Pana Chocolate, 2017). Priced at $7.95 on their website (http://www.panachocolate.com), they are on the higher-end scale of the standard chocolate market, however the product oozes luxury throughout and lives up to it’s higher price point. This report will focus on the marketing implications of the packaging design choices made by Pana Chocolate in regards to this range of products.