Cablegate: Inspectorate Shatters Hard Rock Cafe - but The

This record is a partial extract of the original cable. The full text of the original cable is not available.

170859Z Jun 02

2002HOCHI00602 - UNCLASSIFIED

UNCLASSIFIED PTQ6137

PAGE 01 HO CHI 00602 171002Z
ACTION EAP-00

INFO LOG-00 AGRE-00 AID-00 CEA-01 CIAE-00 CTME-00 DINT-00
DODE-00 ITCE-00 DOTE-00 SRPP-00 EB-00 EXME-00 E-00
FAAE-00 FBIE-00 UTED-00 VC-00 FRB-00 H-01 TEDE-00
INR-00 ITC-01 LAB-01 LOC-01 L-00 VCE-00 AC-01
NSAE-00 NSCE-00 OES-01 OMB-01 OPIC-01 PA-00 PRS-00
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------------------BE1B62 171002Z /38
FM AMCONSUL HO CHI MINH CITY
TO SECSTATE WASHDC PRIORITY 6428
INFO AMEMBASSY HANOI PRIORITY
USDOC WASHDC

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

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