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反全球化的特朗普,商标注册遍全球

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
反全球化的特朗普,商标注册遍全球

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

伦敦——唐纳德·J·特朗普把自己塑造成了一位反全球主义的总统形象。

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

但商人唐纳德·特朗普则是另一回事。

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.

《纽约时报》查看了外国的记录后发现,竞选期间,特朗普集团继续在中国、加拿大、墨西哥、欧盟和印度尼西亚提出了数十项新的商标申请,且选举结束一个多月后,他名下的一家公司还在菲律宾申请了商标保护。

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.

他近年的商标覆盖了各种各样的潜在产品,包括在印度的肥皂和香水、文莱的工程服务和以色列的伏特加酒。就在上周,中国政府宣布授予特朗普在建筑项目中保护特朗普品牌的权利,确认了去年11月作出的一项裁决。自2005年以来,他的公司在中国至少注册了126件商标。

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.

但商标的踪迹为了解其国际商业联系提供了进一步的线索。这些联系使得这位总统容易受到潜在的利益冲突,或者至少是观念挑战的影响。

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.

时报在查询了九个数据库后发现,自2000年以来,有近400个外国商标登记在特朗普公司名下,涉及28个国家,包括新西兰、埃及和俄罗斯,还有欧盟。实际的商标数量极有可能比这多得多,因为没有来自所有国家全部商标的中央数据库。特朗普集团数十年来一直在申请商标,并称已在80多个国家获得了商标。

“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.”

“过去20多年里,特朗普集团在很多地方提交了商标申请,”该公司在一份声明中说。“尽管不会进行任何新的国际交易,但公司将继续采取措施,保护自己的各种品牌。”

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

对于有关从商标中产生的交易的具体问题,该公司未作回应。

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.

特朗普集团还为新的Scion酒店品牌设计了国际路线。该集团去年在印尼、欧盟、中国和加拿大获得了Scion商标,不过一名高管最近表示,在特朗普当政期间,国内扩张将是重点。

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.

有时候,特朗普的商标是一些从未落实的项目,或他授权使用其名字的在建项目的标识。其他时候,它们似乎是一项防御战略的一部分,旨在防止版权遭到侵犯。

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.

一些商标强化了一点,即对特朗普而言,“交易的艺术”在海外往往证明是难以掌握的。他的记录中不乏失败或陷入停滞的项目,包括在墨西哥的科苏梅尔和下加利福尼亚,以及俄罗斯和巴西的开发协议。

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.

在特朗普据知参与了印度的一个高楼项目的同时,他在印度还拥有一件商标,涉及衣物洗涤用品、香水和肥皂。尚不清楚他究竟是想成为印度的肥皂大王,还是只是为自己开发的项目中所使用的品牌产品定下商标。

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.

所有这些海外尝试会带来什么结果,现在还不得而知。特朗普自称正在将名下企业的控制权交给他的两个大儿子,但他和自己的帝国依然联系密切。

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.

错综复杂的外国关系使得一批前白宫伦理道德律师和宪法学者提起诉讼,指控特朗普允许自己的企业收受外国政府的付款违反了宪法。总统的律师则质疑诉讼的法律依据。

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.

对从外国政府流向特朗普集团的利益的担忧,总体上集中在付款和中国银行等债权人提供的巨额贷款上。但商标也可能会带来问题。

“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.

“我们讨论的,是一名候选人在竞选期间大力寻求外国政府的大量知识产权保护,并且通过他将继续拥有的那些企业,他不仅会寻求维持,大概还会扩大那些保护,”艾森说。

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.

特朗普的儿子们称他们将放弃新的外国交易和现有的一些海外项目,包括在格鲁吉亚共和国的一项已陷于停顿的开发交易。选举结束后,该交易重现引起了兴趣。

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.

但已经有一些迹象显示他的海外业务在持续进行。特朗普集团最近开始在苏格兰修建一个新的18洞高尔夫球场,他在该地有两个度假村,这是其中一个的扩建项目。

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

特朗普之前是一个全球性的商人,在担任总统期间奉行“美国优先”,可能会导致表里不一的问题。

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.

特朗普签署了一项行政命令,限制来自七个穆斯林人口占多数的国家的移民之后,这个问题突显了出来。虽然奥巴马政府对这些国家也有相对较少的一些限制,但特朗普遭到的批评是,那些和他有已知商业利益来往的国家被排除在这个名单之外,比如沙特阿拉伯和埃及。

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.

特朗普2007年在埃及注册了8个商标,主要和一个流产的高尔夫度假村计划有关。去年的一份竞选文件显示,他和设立在沙特阿拉伯吉达的几家公司有关联。

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.”

特朗普还在其政治视野所及之处用这个问题攻击别人。在竞选期间,他指责克林顿及其家庭基金会接受了文莱捐款,他说文莱政府“推动压迫性的伊斯兰教法,包括用石头砸死同性恋者”。

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.

但是,特朗普本人也关注着文莱,多项记录显示,他2007年时在该国拿到了一个商标,涉及承包、融资和工程服务。

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.

至于墨西哥,虽然特朗普对于在美墨边境修建隔离墙行动很积极,但该国多年来一直是他业务目标最为频繁的地方一。过去10年里,他的公司提交了25件商标申请,其中涉及两个失败的度假村,以及特朗普品牌服装系列、酒和家具业务。

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

在中国,特朗普集团在竞选期间申请了涉及餐厅、酒吧、酒店、经纪服务、广告和管理咨询业务的大量商标。

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.

在代表特朗普集团的北京铸成律师事务所,创始人苍雨春说,她不想评论特朗普的具体商标。但她表示鼓励客户采取一种“防御策略”,以防名人的名字被视为一个通用术语。

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.

虽然特朗普集团多年来一直在中国为名字侵权而战,但在中国也有许多酒店开发协议,不过他的一个高管最近表示,该集团会放弃这些项目。

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.”

但他在中国的商业策略并非完全是防御性的。“我在中国赚了很多钱,”他在竞选期间夸耀说,“我在和欧洲、亚洲打交道,我一直在和中国打交道。”

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