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The Kessler Report
A Publication of Michael G. Kessler and Associates, Ltd.
Archive           Home
FraudBusters
® Edition
Volume 1

Number 1

Countering Counterfeiting
      You're in an enormous warehouse, filled with thousands of garments bearing the names of all the top designers: Donna Karan, Ralph Lauren, Tommy Hilfiger, Calvin Klein, Guess?, Nike. Some of these items would cost hundreds of dollars in a retail store, but these will be sold for a few dollars apiece. Is this the deal of the century? An annual warehouse sale? Not exactly. This is the world of counterfeit goods, and the items being assembled here are part of the reason U.S. companies alone lose $200 billion dollars a year.
      Counterfeiting used to affect only a few businesses-high-end watch makers, for example, or handbag designers. These industries still suffer, but counterfeiters today have branched out considerably, making use of modern technology and the deep pockets of organized crime to develop a wide range of unauthorized goods, from baby food to birth control pills. Consequently, counterfeiting is no longer a victimless crime that merely saps some of the profit of large corporations. Unwary consumers have suffered, some have died, and business executives today are becoming increasingly aware of the threat
this crime poses to their company's reputation and financial well-being.

Overcoming the "Ostrich Mentality"

      Business leaders in the past often ignored counterfeiting as a real threat, as if not seeing the problem eliminated it. But today, industry leaders are taking steps to address counterfeiting directly and publicly. Chanel, for example, spent over $1 million last year funding Operation Pipeline, the largest undercover sting in New York history, and recovered approximately $27 million in goods as a result. According to Michael Kessler, Chanel is only one of many businesses that now recognizes counterfeiting as the threat that it is. "Suppose you sell cosmetics," says Kessler, "and another company, instead of producing its own line, starts selling the exact same cosmetics you do-same brand name, same packaging, same everything. You would be
furious, right? How can they use your name and your products, and keep the profits? So you sue them. You wouldn't think twice about it. You would have your lawyers jump all over them, spending whatever you had to to make sure that this other company didn't steal your business. Some people might say that this could never happen because of trademarks, but it happens everyday. It's called counterfeiting, and if your business is producing items with brand name recognition, there are other businesses out there producing the same items to compete with yours. Avoiding a Tarnished Reputation

      Lost market share is one reason why many companies are now addressing counterfeiting as a high priority; reputation is another. Counterfeit goods are simply bad business. Consider the cases of Similac baby food and Head & Shoulders shampoo. Consumers who unknowingly purchased counterfeit Similac were feeding their

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Product Diversion

The Biggest Threat You Never Heard Of

      Diversion, also called "parallel trading" and "gray goods", is the exploitation of pricing differentials between different wholesale levels. Suppose, for example, that your company manufactures widgets retailing for $49.95 which you sell wholesale to domestic distributors at $19.95. Each widget costs you $9.95 to make. Now let's say that your sales team gets a call from an overseas retailer who wants to sell your widgets abroad. This new retailer will order a huge number of widgets and will pay for the shipping, provided that you agree to sell the widgets at $12.95 apiece. Your sales team

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Copyright © Michael G. Kessler & Associates, Ltd. 1996. All rights reserved.