經通國際智慧產權事務所

The Fair Trade Commission of Executive Yuan has issued a decision on May 08, 2008 to fine Good-Scour for plagiarizing 3M’s “Scotch-Brite” in its product appearance. Package for Good-Scour’s scrub sponge for tableware and stoves is almost identical to 3M’s “Scotch-Brite”. The Fair Trade Commission considers such a product as taking an advantage of other’s and is in violation of Article 24 of Fair Trade Act. The Fair Trade Commission therefore, has decided to fine Good-Scour NTD 200,000 and ordered Good-Scour to terminate selling and producing the scrub sponge.

According to the Fair Trade Commission, Good-Scour and 3M Taiwan, an affiliate of 3M USA, are competing in the same market sector; therefore, it is not justified for Good-Scour to argue that they did not recognize the existence of 3M’s “Scotch-Brite”. And with all the possibilities to design the package of the scrub sponge, Good-Scour chose to plagiarize 3M Taiwan’s “Scotch-Brite” and gave no effort in distinguishing the two products. Such an unethical plagiarizing behavior has distracted the fairness in trade and violated what is stated in Article 24 of Fair Trade Act.

After judging the case from various perspectives, namely Good-Scour’s motive in plagiarism, the harm it caused the other party, Good-Scour’s scale in business operation, details in violation, and Good-Scour’s attitude towards the whole incident, the Fair Trade Commission, in accordance with Article 41 of Fair Trade Act, has issued a decision on May 08, 2008 to fine Good-Scour NTD200,000 and ordered Good-Scour to terminate selling and producing its scrub sponge.

The front looks of 3M’s product　　　　The front looks of Good-Scour’s product

The rear looks of 3M’s product　　　　The rear looks of Good-Scour’s product

(from Fair Trade Commission News Release 2008/05/09)

translated by Jenny Yu

International Affairs