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日化巨头迷恋“文字游戏”:360°非环绕、3D也非技术、贵族棉更非面料…… | BUG
新浪财经· 2025-07-17 00:54
Core Viewpoint - The article highlights the phenomenon of "trademark edge" marketing strategies in various industries, particularly in personal care and food sectors, raising concerns about consumer rights and fair competition [2][7]. Group 1: Trademark Issues - The "Pantene 3 Minute Miracle" conditioner has come under scrutiny for its trademark usage, with small print indicating that the trademark does not imply product efficacy [5]. - Similar marketing tactics are observed in other brands, such as "Tide All-in-1 360°" and "Crest 3D White," where the terms used are more about branding than actual product technology [3][5]. - The use of everyday terms as trademarks creates a misleading impression of product quality or effectiveness, leading to consumer confusion [5][6]. Group 2: Legal Perspectives - Legal experts note that the distinction between trademark edge and reasonable borrowing is often unclear and must be determined on a case-by-case basis [9][10]. - Misleading trademarks can harm consumer rights and disrupt fair market competition, as seen in various public controversies involving well-known brands [7][8]. - The legal framework surrounding deceptive trademarks is complex, with challenges in proving consumer harm and establishing causation between trademark use and consumer loss [11]. Group 3: Consumer Rights and Challenges - Consumers face significant difficulties in protecting their rights against misleading trademarks, often requiring legal action or complaints to regulatory bodies [10][11]. - The ambiguity in legal standards for trademark edge behavior complicates consumer claims, making it hard to demonstrate losses related to deceptive marketing [11]. - Brands that rely on misleading language rather than product quality risk losing consumer trust in the long run [11].