Question

Topic: Branding

Marketing Deception With Non Existing Company

Posted by svsl786 on 250 Points
Is this not a case of marketing deception through the use of a non-existent company name? (ABC and XYZ are example not real names)

When an importer prominently places “ABC Pakistan” at the top of letterheads, proforma invoices, and sales receipts, while the actual legal entity XYZ is neither identified at the top nor clearly disclosed at the bottom, and appears only in small side text as “importer,” doesn’t this presentation intentionally create the impression that the customer is dealing with ABC Pakistan as an independent legal operating company?

A proforma invoice is not a casual marketing document; it is a formal commercial instrument relied upon for payments, LCs, and contractual understanding. If such official documents emphasize ABC Pakistan as the primary entity and marginalize XYZ, can this reasonably be defended as branding or “marketing style,” or does it amount to misrepresentation of the true contracting party?

Where should regulators and courts draw the line between legitimate brand promotion and deceptive representation of corporate identity in official business documentation?
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RESPONSES

  • Posted by Peter (henna gaijin) on Member
    Each country/state/province will likely already have law governing this, but those laws also vary by country/state/province.

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