Group seeks intellectual property body probe on Dali's 'knockoff' brands

A consumer advocacy group on Wednesday called on the Intellectual Property Office (IPOPHL) to conduct an inquiry into the alleged intellectual property violations of “knockoff” products being sold by Dali Everyday Grocery, claiming that the products are "confusingly similar" to established brands sold in the country.

In his letter to IPOPHL Director General Rowel Barba, Malayang Konsyumer spokesperson Simoun Antonio Salinas told the agency that for the past months the consumer group has been receiving "numerous complaints regarding some of their [Dali’s] current products, which we believe have been potential infringements of the Intellectual Property Code."

Salinas, in his letter, included photos of products being sold by Dali, which the group alleged look “confusingly similar” to more established brands. 

Among these are Grandbisco Choco Bar Cake and Grandbisco Chocolate Chip Cookies, which are clearly copies of Lemon Square Lava Cake and Galinco Chips Delight. 

Other examples they presented include Say Cheese Spread, which looks like Chiz Whiz; Wagi Vienna Sausage, which shares the likeness of CDO Vienna Sausage; Kopi Juan, a knockoff of Kopiko; Bakakult, Dali's version of Yakult; and Kingrox Bleach, the Dali counterpart of Zonrox Bleach.

Salinas said the products violated provisions of the Intellectual Property Code, specifically Section 123, which states that a mark cannot be registered if it "is identical with a registered mark belonging to a different proprietor or a mark with an earlier filing or priority date, in respect of: (i) the same goods or services; or (ii) closely related goods or services, or (iii) If it nearly resembles such a mark as to be likely to deceive or cause confusion."

The Malayang Konsyumer representative said that under the IPOPHL’s policy-making power, "we believe that your Office has the ability to conduct motu proprio inquiries regarding potentially violative actions that result in deceptive practices for consumers in general." 

Salinas urged the IPOPHL to invoke its mandate to coordinate with relevant government agencies and the private sector efforts "to formulate and implement plans and policies to strengthen the protection of intellectual property rights in the country."

GMA News Online reached out to Hard Discount Philippines (Dali) director of strategic supply chain Anja Grote Westrick and chief financial officer Joerg Grenewald for comment but has yet to receive a reply as of posting.

IPOPHL had earlier ordered retailer Dali Everyday Grocery to pull out three products from its shelves after determining that these were ''confusingly similar'' to products of Nutri-Asia Inc. 

Nutri-Asia, represented by Cruz Marcelo and Tenefrancia law firm, filed with the Bureau of Legal Affairs of the IPOPHL a complaint for trademark infringement, unfair competition, and copyright infringement with prayer for damages and writ of preliminary injunction against Hard Discount Philippines, which operates Dali.

This was for selling Kulina catsup and chili sauce and the Rajah Puro vinegar and soy sauce, with packages ''confusingly similar to Nutri-Asia’s UFC and Datu Puti products.”

Malayang Konsyumer is a multi-sectoral consumer policy protection grassroots organization that advocates for the legal, economic, and rights of the average Filipino. —LDF, GMA Integrated News