INSPECTORATE SHATTERS HARD ROCK CAFE - BUT THE

UNCLAS HO CHI MINH CITY 000602 SIPDIS STATE PASS TO USTR FOR EBRYAN USDOC FOR 3132/OIO/EAP/KELLEHER USDOC FOR 1431/MAC/AP/HPPHO E.O. 12958: N/A TAGS: ECON ETRD KIPR VM IPROP SUBJECT: INSPECTORATE SHATTERS HARD ROCK CAFE - BUT THE PHOENIX RISES AGAIN REF: HO CHI MINH CITY 538 UNCLASSIFIED PAGE 02 HO CHI 00602 171002Z ¶1. ALTHOUGH HCMC VIDEO STALLS ARE STILL FILLED WITH CHEAP VERSIONS OF HOLLYWOOD FAVORITES, LOCAL IPR AUTHORITIES ARE FINALLY FORCING ONE TRADEMARK-STEALING ESTABLISHMENT, "THE HARD ROCK CAFE," TO CHANGE ITS NAME - MAYBE. THIS COMES AFTER THE RIGHT-HOLDER HAD BEEN WORKING WITH A LOCAL LAW FIRM FOR MORE THAN A YEAR TO GET THE PLACED CLOSED DOWN. THE ATTORNEY INVOLVED IN THE CASE BELIEVED THAT POST QUERIES ABOUT THE CASE AND THE RECENT VISIT BY USG REPS (REFTEL) FOCUSING ON IPR ISSUES SPURRED LOCAL AUTHORITIES INTO ACTION. ¶2. LAST WEEK SAIGON'S LOCAL VERSION OF "THE HARD ROCK CAFE" WAS VISITED BY THE INSPECTORATE OF THE DEPARTMENT OF SCIENCE, TECHNOLOGY AND ENVIRONMENT (DOSTE),ONE OF THE MYRIAD AUTHORITIES RESPONSIBLE FOR IPR ENFORCEMENT IN HCMC. THE AUTHORITIES REMOVED AND DESTROYED THE ESTABLISHMENT'S "HARD ROCK CAFE" OUTDOOR SIGNAGE - ONE NEON SIGN WAS DESTROYED UNDER THE BOOT OF THE COMPLAINING LAWYER INVITED TO THE SCENE - AND ORDERED REMOVAL OF ALL HARD ROCK CAFE- LABELED DECOR FROM THE PREMISES. ¶3. THE PROBLEM APPEARS FAR FROM SETTLED, HOWEVER. THE COMPLAINING ATTORNEYS SENT A PRIVATE INVESTIGATOR TO THE SCENE LAST NIGHT AND FOUND THE SIGNS STILL GONE, BUT THAT EVERYTHING ELSE WAS BUSINESS AS USUAL. THE LOGO MERCHANDISE, T-SHIRTS, KEY RINGS, ETC. WHICH HAD MYSTERIOUSLY DISAPPEARED BEFORE THE RAID, WERE BACK ON SALE. THE STAFF STILL ANSWERS THE PHONE "HARD ROCK CAF." THE INTERIOR DECOR HAS NOT CHANGED, AND HARD ROCK CAFE-LABELED MENUS ARE STILL IN USE. UNCLASSIFIED PAGE 03 HO CHI 00602 171002Z ¶4. THE LOCAL ATTORNEY PLANS ANOTHER MEETING WITH DOSTE OFFICIALS TO ONCE AGAIN PRESS FOR MORE SERIOUS ACTION. THE ATTORNEY ADVISES THAT THE STORY (WITH ALL OF ITS IRONIC TWISTS) IS BEING PICKED UP BY THE SOUTH CHINA MORNING POST AND THE BBC. POST WILL FOLLOW UP WITH DOSTE TO EXPRESS CONTINUED INTEREST IN THE CASE. YAMAUCHI UNCLASSIFIED