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Forensic Accounting, Computer Forensics, & Corporate Investigations
The Kessler Report
THE KESSLER REPORT Continued
A Publication of Michael G. Kessler & Associates, Ltd.
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Behind the Numbers® Edition
Volume 5

Number 2

Color War

As Seen In

There’s a color war going on right now and it’s affecting you more than you might think. We’re talking about the shade of blue of the sugar packet you tore open this morning and emptied into your coffee, or the color scheme on that pack of fruit flavored candies in your desk drawer. Color may seem irrelevant to the average consumer, but to manufacturers that sell these products, it’s some-thing worth fighting over. 

You’ve seen it in the super-market a hundred times. Right beside your favorite name brand product sits another version, distributed by a lesser-known company. The packaging up close is clearly different, but from a few steps away it looks oddly similar. In fact, the two labels look so alike you might have almost picked up the wrong one! It may seem like a coincidence, but it’s called trademark infringement and it occurs every day

Discrepancies involving trademark infringement have been occurring for quite some time.  Courts have taken a fairly lenient stance in most cases so far, granting complete trademark protection only in certain circumstances. Most courts are afraid of granting companies monopolies over colors and color schemes and creating unfair competition for other corporations.

Take Campbell’s Soup. The company recently sought an injunction against another food company, Armour, stating that the company’s use of red and white labels on foods were an instance of trademark infringement. However, the court found that not only were the shades of red slightly different, but that Armour most often uses the red-white color scheme in a different pattern than Campbell’s. This same difficulty can be seen in another case between food companies Ambrit and Kraft, where a frozen dessert producer was denied protection for use of the color royal blue for its ice cream product.

News sources worldwide refer to Kessler International as a respected and recognized resource in the industry.  Below is a list of articles where Kessler International has been referenced:

1. Kessler International Opens New Offices in Asia;    ASIA PULSE
2. Tracing the Counterfeiters; Tobacco Journal International
3. Bean Counters as Gumshoes; Bloomberg
4. Labor Market doesn't absolve companies of resume-checking; The Kansas City Business Journal
5. Someone steal your lunch? Workers' meals and goodies are being pilfered by colleagues.  What to do?;  The Orange County Register
6. Businesses combat theft by shoplifters and employees; Press Journal - Vero Beach, FL
7. Thefts eat away at office morale; The San Diego Union-Tribune
8. Pilfering Ingrates; Pittsburgh Post-Gazette
9. Insiders Infiltrate Corporate Computers; Institute of Internal Auditors, Inc.
10. Cyber crime creates demand for network defense business; Company Business and Marketing; Japan Computer Industry Scan
11. Security for All;  BANGKOK POST
12. Cyber crime creates demand for network defense business; Japan Economic Newswire
13. Employees, Not Hackers, Greatest Computer Threat; APBnews.com
14. Bugs Bite … And Hackers Still Might …; Business Wire
15. Battling Workplace Theft; CNN Online

Check our website for links to these articles. http://www.investigation.com/press

Guarantee of Discretion

Forensic Frauds?

In addition to cost effective, thorough investigative services, the clients of Kessler International are assured the highest levels of discretion and sensitivity to individual situations. We never sell or rent client lists, or in any way reveal the details of our investigations. Michael G. Kessler, President and CEO of Kessler International, recently released the following statement: 

“Money laundering, cyber crime, identity theft and other forms of frauds are increasing as violent crimes statistics decrease. Individuals find it easier to steal with a pen or computer than with a weapon. What concerns me most about these trends in the industry is another trend is developing: many of the so called white collar crime “experts” have little or no experience and become “Certified” with the mere payment of a fee to some associations. Moreover, others have never worked on a fraud case in their life but call themselves “forensic accountants” because they attended lectures or read one of the many books stating forensic accountants can bill higher rates and have less liabilities. My concern is that fraud experts will be labeled the con-artists of the 21st Century.” 


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