您现在的位置: 纽约时报中英文网 >> 纽约时报中英文版 >> 商业 >> 正文


更新时间:2017-2-22 19:15:04 来源:纽约时报中文网 作者:佚名

From Trump, the Nationalist, a Trail of Global Trademarks

LONDON — Donald J. Trump has cast himself as the anti-globalist president.


But Donald Trump, the businessman, is a different story.


During the campaign, Mr. Trump’s organization continued to file dozens of new trademarks, in China, Canada, Mexico, the European Union and Indonesia, and one of his companies applied for trademark protection in the Philippines more than a month after the election, a review of foreign records by The New York Times showed.


His trademarks in recent years have covered all manner of potential products, including soap and perfume in India, engineering services in Brunei and vodka in Israel. Even last week, the government in China, where his companies have filed for at least 126 trademarks since 2005, announced it was granting Mr. Trump rights to protect his name brand for construction projects, affirming a decision made in November.


The contrast with his hard-line anti-globalism since taking office is stark. During his first weeks as president, Mr. Trump denounced Mexico for unfair trade practices and derided the European Union as “basically a vehicle for Germany.” He ended American involvement in the Trans-Pacific Partnership, a sprawling trade pact with Asian nations, and said he would renegotiate the North American Free Trade Agreement.

这与他上台后强硬的反全球主义态度形成了鲜明的对比。在担任总统的前几周里,特朗普谴责墨西哥不公平的贸易做法,并奚落欧盟“本质上是德国的一件工具”。他让美国退出了同亚洲多国签订的广泛贸易协定跨太平洋伙伴关系(Trans-Pacific Partnership),并称他会重新就《北美自由贸易协定》(North American Free Trade Agreement)展开谈判。

“Trump seems to be the archetypal businessman with mercantilist instincts,” Dani Rodrik, a professor at the John F. Kennedy School of Government at Harvard, said in an email. “‘Open your market for me to do business in it, but you can have access to mine only on my terms.’”

“特朗普似乎是一个典型的带有重商主义本性的商人,”哈佛大学约翰·F·肯尼迪政府学院(John F. Kennedy School of Government at Harvard)教授丹尼·罗德里克(Dani Rodrik)在一封电子邮件中说。“开放你的市场,让我进去做生意,但你只能按我的意思进入我的市场。”

The trademarks are the natural outgrowth of a global-spanning strategy. Like any businessman, Mr. Trump has long sought to protect his brand and products legally with trademarks, whether by registering a board game he once tried to sell, slogans like “Make America Great Again” or simply the name “Trump.”

商标是放眼全球的战略自然发展的结果。和所有商人一样,特朗普一向寻求用商标来合法地保护自己的品牌和产品,不管是通过注册曾试图销售的一款棋盘游戏,以及像“让美国恢复伟大荣光”(Make America Great Again)这样的口号或者单纯“特朗普”这个名字。

But the trail of trademarks offers further clues to his international business ties, which leave the president vulnerable to potential conflicts of interest, or at least perception challenges.


The Times review of nine databases identified nearly 400 foreign trademarks registered to Trump companies since 2000 in 28 countries, among them New Zealand, Egypt and Russia, as well as the European Union. There are most likely many more trademarks, because there is no central repository of all trademarks from every country. The Trump Organization has been filing trademarks for decades, and has said that it has taken out trademarks in more than 80 countries.


“Over the last 20-plus years, the Trump Organization has filed trademarks in numerous locations,” the company said in a statement. “Although the company will not be doing any new international deals, it will continue to take steps to protect its various brands.”


The organization did not address specific questions posed about deals that emerged from the trademarks.


Some of the trademarks hinted at previously unknown foreign forays. While Mr. Trump assailed Hillary Clinton during the presidential campaign for her connections to Brunei, he explored opportunities in the country, taking out a trademark covering several categories used for real estate projects, the review showed.

部分商标暗示的是以前不为人知的国外尝试。时报的研究发现,竞选期间,特朗普一边以希拉里·克林顿(Hillary Clinton)和文莱之间的关系为由攻击对方,一边在该国探索机会,并获得了一项商标。该商标涉及几个用于房地产项目的服务和产品。

The Trump Organization also has international designs for its new Scion hotel brand. The organization took out trademarks last year for Scion in Indonesia, the European Union, China and Canada, though an executive recently said expanding domestically would be the focus while Mr. Trump is in office.


Sometimes Mr. Trump’s trademarks are markers for ventures that never materialized or construction projects underway where he is licensing his name. Other times they appear to be part of a defensive strategy to ward off copyright infringement.


Some trademarks reinforce that for Mr. Trump, the “art of the deal” has often proved elusive overseas. His record is littered with numerous failed or stalled projects, including development deals in Cozumel and Baja California, Mexico, in Russia and in Brazil.


A number of his trademarks are curiosities. He took out a European Union trademark for “Numquam Concedere,” Latin for “Never Give Up,” which is part of the crest at one of his Scottish golf courses. His Israeli trademarks highlight that his failed Trump vodka was revived in Israel, where the brand was licensed by another company and made with potatoes and not grain, helping its popularity among observant Jews during Passover.

他的很多商标都很奇怪。他在欧盟获得了“Numquam Concedere”商标,这是“永不放弃”的拉丁文,这句话也出现在他在苏格兰的其中一家高尔夫球场的饰章上。他在以色列的商标则突显了他曾经失败的特朗普伏特加在以色列获得了新生。在那里,该品牌授予给了另一家公司,用土豆而非谷物酿酒,帮助它在逾越节期间赢得严格遵守教义的犹太人的欢迎。

And while Mr. Trump is known to be involved in a high-rise project in India, he also has a trademark there in a category that covers laundry detergent, perfume and soaps. It is not clear if he envisions himself an Indian soap king or was simply laying down markers for branded products in his developments.


What will become of all the overseas ventures remains unclear. Mr. Trump has said he is turning over control of his businesses to his two eldest sons, though he remains closely tied to his empire.


Foreign entanglements led a group of former White House ethics lawyers and constitutional scholars to file suit, charging that Mr. Trump is violating the Constitution by allowing his businesses to receive payments from foreign governments. The president’s lawyers have disputed the merits of the suit.


Concerns about benefits flowing from foreign governments to the Trump Organization have generally focused on payments and large loans held by lenders like the Bank of China. But trademarks, too, could pose problems.


“We’re not talking about an isolated situation where some government official has won longstanding protection for a book he wrote in a far-off land some time ago,” said Norman L. Eisen, an Obama administration ethics lawyer who is part of the group that filed suit.

“我们讨论的不是某个政府官员,因为之前某个时候,在远方某个国家写的一本书而获得长期保护这种孤立情况,”奥巴马政府的伦理道德律师诺曼·L·艾森(Norman L. Eisen)说。艾森是提起诉讼的律师之一。

“We’re talking about a candidate who was aggressively seeking large quantities of these foreign government intellectual property protections during the campaign, and who through the businesses he will continue to own will not only seek to maintain but expand those, presumably,” Mr. Eisen said.


Mr. Trump’s sons have said they will forgo new foreign deals and drop some existing overseas projects, including a stalled development deal in the Republic of Georgia that ignited renewed interest after the election.


But there are already some signs of continued growth overseas. Mr. Trump’s organization recently took steps to build a new 18-hole golf course in Scotland as an expansion of one of its two existing resorts in the country.


Being an “America First” president with a past as a globe-trotting businessman can make for problematic appearances.


That was underscored after Mr. Trump signed an executive order barring immigrants from seven nations with majority Muslim populations. While the Obama administration had lesser restrictions on the same list of countries, Mr. Trump was criticized for excluding nations with which he is known to have pursued business interests, like Saudi Arabia and Egypt.


Mr. Trump registered eight trademarks in Egypt in 2007, mostly related to what appears to be an abortive golf resort venture. A campaign filing last year revealed his involvement in several companies set up in Jeddah, Saudi Arabia.


Mr. Trump has also made corporate plays in places that have been in his political sights. During the campaign, he assailed Mrs. Clinton and her family foundation for taking donations from Brunei, whose government, he said, “has pushed oppressive Shariah law, including the punishment of death by stoning for being gay.”


But Mr. Trump himself has had an eye on the country, taking out a trademark there in 2007 covering categories that included contracting, financing and engineering services, records show.


Dana E. Stewart, president of Global Trademarks Inc., the firm that filed the Brunei trademarks, said in an interview: “I would have no idea of the purpose and the nature of the filing. We are instructed to file and we do that.”

帮助申请文莱这个商标的是全球商标公司(Global Trademarks Inc),其总裁达纳·E·斯图尔特(Dana E. Stewart)在接受采访时说:“我不知道申请这个商标的目的和性质。他们要求提交申请,于是我们就提交了。”

As for Mexico, though Mr. Trump is moving forward aggressively with his plan to build a wall along its border with the United States, the country has been one of his most frequent business targets over the years. In the last decade, his company filed 25 trademarks, including some for two failed resort ventures as well as his Donald J. Trump Signature Collection clothing line, alcohol and furniture.


In China, the large number of trademarks filed during the campaign were in categories including restaurants, bars, hotels, brokerage services, advertising and management consulting.


Spring Chang, founder of Chang Tsi & Partners, a Beijing-based law firm that has represented the Trump Organization, said she did not want to comment on Mr. Trump’s specific trademarks. But she said she encouraged a “defensive strategy” for her clients to prevent a celebrity’s name from becoming treated as a generic term.


While the Trump Organization has battled for years over infringements on its name in the country, it has also pursued a large number of hotel development deals in China, though one of his executives recently suggested that the organization would drop those projects.


But his strategy in the country certainly has not been entirely defensive. “Made a lot of money in China,” he once boasted during the campaign, adding, “I deal with Europe, I deal with Asia, I deal with China all the time.”