2023-10-05 07:24:59
Munich – Brand counterfeiters around the world are causing companies to lose millions of euros in profits. Not only well-known luxury brands are affected by this – increasingly successful young companies are also affected.
One of them is the Munich company “air up”. What do they produce? A flavored water bottle that mixes water with flavored air. So-called pods help with this – these are fragrance attachment capsules that are screwed onto the bottle. The taste is, so to speak, faked.
The original drinking bottle with the round aroma attachment
Photo: Air Up
The trick: People always perceive tastes through the nose and throat. This happens automatically via the olfactory receptors while someone is consuming a drink. And so the normal water suddenly seems to taste like orange-vanilla or peach – without any sugar or other substances.
▶︎The product is well received by consumers. But unfortunately also with brand counterfeiters. Christian Hauth, CEO of “air up,” to BILD: “The spread of cheap copies of our products on platforms like Amazon represents a growing threat. It is alarming for us to see how such counterfeits not only undermine our products, but also affect trust in our brand.”
Customs seized fake so-called pods (capsules).
Photo: private
With consequences: “As a young and innovative company from Munich, this trend is hitting us particularly hard. We attach great importance to sustainability and the quality of our products, which is not guaranteed with these copies. We are therefore currently examining various steps to counteract this problem.”
The damage to the company – considerable. Hauth: “In 2023 alone, we suffered damage of over ten million euros, caused by products that do not work, are defective or violate food law regulations and do not comply with EU guidelines. Despite the growth, this naturally results in lost sales potential for air up.”
A letter from Belgian customs to the Munich company confirming that officials have picked up goods that could be counterfeit
Photo: private
Essays are faked in China
According to Hauth, the fake and cheap bottles (from 4 euros) plus fragrance attachments are counterfeited in China. And they could even be dangerous to your health. “The counterfeit pods could contain potentially harmful substances or allergens.”
The flavors in the original products come “from a German manufacturer of high-quality flavors who extract them exclusively from natural sources such as fruits, spices and herbs. With the fake pods, however, no one knows where the ingredients come from.”
►But the Munich company is defending itself against counterfeits in China. How? So: warnings, customs confiscations, removal requests to the respective Internet platforms that offer the lousy goods. And: “We rely on local investigations in China by a law firm, which gives us insights into the manufacturers and suppliers. We have already successfully sent warnings and cease and desist letters.”
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With consequences for the fraudsters: the products were removed from the platforms. Nevertheless, counterfeit products continue to be a big problem for the startup.
Interim injunction by court in Düsseldorf
▶︎On September 1, 2023, the Düsseldorf regional court issued an interim injunction against Amazon Service Europe. This prohibits Amazon from enabling third parties to make offers on its EU platforms if this infringes “air up” design rights or the “air up” brand and the products are delivered to Germany.
Amazon Services operates various European marketplaces on which third parties can post offers. Although several violations of air up’s intellectual property rights have already been reported, no out-of-court settlement could be reached. The injunction is temporary and may be appealed by Amazon Services.
Hauth warns: “Consumers must be made aware not to buy these bad products. It’s no use: although they are cheaper, they are often of lower quality due to the materials used and also pose potential risks to the health of consumers and the entire economy.”
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