the failure of brand strategies

7/30/2019 THE FAILURE OF BRAND STRATEGIES

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CASE STUDY oF GUCCI VS. GUESS THE FAILURE oF BRAND STRATEGIES

THAT RELY oN VEBLENS CoNSPICUoUS

CoNSUMPTIoN

oLIVERA JURKoVIC MAJIC

ZAGREB SCHooL oF ECoNoMICS AND MANAGEMENT, CRoATIA

HELENA MAJIC

ZAGREB SCHooL oF ECoNoMICS AND MANAGEMENT, CRoATIA

Abstract

Brands belong to intangible corporate assetsreflecting a special relationship between consumersand products, giving an immaterial added value tocorporate image. Famous brands have becomevictims of unauthorized copying and now competewith the submarket of counterfeits. The mostsignificant legal instruments of brand protectionare trademark and industrial design. However,

sometimes the producers of luxury brands do nottake legal actions against the submarket, mostlyinspired by the strategy of strengthening thepresent market position based on Veblens theoryof conspicuous consumption. They strengthenthe market position with regard to the submarketby introducing higher prices and exclusivenessin distribution network in order to meet theexpectations of status-oriented consumers. Thepurpose of this paper is to discuss the changesin behaviour of status-oriented consumers whichhave endangered the market position of luxurybrands. The recent case of Gucci vs. Guess

has shown that consumers do not conformcompletely with Veblens theory of conspicousconsumption. This happens when a significantmarket competitor copies trademark and industrialdesign as submarket does, but in respect of prices,marketing and distribution policy does not act assubmarket does. Instead, such competitor offersquality counterfeits under slightly more affordableprice than original producer misleading consumersto believe they are not buying on the submarket.The findings of this case study should readapt thetheory of consumption based on psyhcological and

social factors that compel consumers to confirmtheir social status.

Key words: conspicuous consumption, brandstrategies, submarket

INTRoDUCTIoN To VEBLENS

LEISURE CLASS THEoRY AND

CoNSPICUoUS CoNSUMPTIoNBack in the 18, Thrnstein Veblen intrducedthe ntins f leisure class and cnspicuuscnsumptin in his histrical wrk The Theryf the Leisure Class: An Ecnmic Study fInstitutins. When applied t human psychlgyand cnsumer behaviur, Veblen develped antin f cnspicuus cnsumptin which hasbecme ne f the mst imprtant fundatinsf luxury gds industry. While analyzingscial structures and human psychlgy inrespect f accumulated wealth, class and statusdifferentiatin, Veblen established a leisure class

as a standard parameter t scial stratificatin andcnfrmity f all classes . He cncluded a leisureclass t be a class f either thse wealthy, r thsewh have inherited the highest scial status. Themst cmmn behaviur pattern in this class risesfrm her histrcial effrt t keep and cnfirm herstatus. Therefre, psychlgically, this behaviurcnsists f many repeated rituals r patternsthat prclaim the scial status and differentiatethe leisure class frm any ther classes. Veblenntices this pattern especially in a cnsumptinf specific gds and the ways and custms ftheir cnsumptin. Fr leisure class it is imprtant


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that these gds r a fashin in which they arecnsumed amng highest class individuals havethe elements f exclusivity that cnfirm their statusand differentiates them frm the individuals fther classes.

on the ther side, the leisure cnsumptin alseffects middle class r lwer class individualpatterns f behaviur in respect f pecuniaryemulatin. In their attempt t advance andupgrade their status n scial stratificatin scale,these individuals imitate leisure class behaviurpatterns. These imititating patterns f behaviurd nt have t have any crrelatin t their true

status f accumulated wealth s they are nt areal expressin f scial stratificatin. They area reflectin f a histrically recgnized aspiratinf each indivdual t advance the scial statusdenying present ne. Impersnating behaviurpatterns have becme even mre frequent underthe influence f industrializatin, and nwadayswe can cnclude als under the influence fglbalizatin since Veblen bserved them t bemre frequent in urban cmpared t rural areas.

Veblens thery has nt lst any n its significanceeven a century frm first publicatin. A cause tit is incrprated in thery itself. Veblen nticed

leisure behaviur patterns even in primitivesciety cultures and claims the pattern t prgresssimultaneusly with civilizatin develpment. Thefactrs f leisure behaviur attributed t individualpsychlgy are even mre enhanced due tchanges in mdern wrld such as glbalizatin,integratin, higher mbility and cnnectivity,develpment f new media and infrmatin andcmmuncatin technlgy. Therefre, mderncnsumer behaviur research, marketing and salesmanagement rely n this thery as an irrefutablepresumptin. Hwever, many marketing and salesmanagement experts tend t interpret Veblen invarius ways, mstly accrding t current marketresearch and analysis results. Under their influence,the mdern interpreters f Veblen in the field fscilgy, psychlgy and cnsumer behaviurcnstanlty redefine their interpretatins. Hwever,due t the challenges f cnstant changes as acmmn attribute f the mdern ecnmy, sme fthe interpretatins lse their slid grunds quicklybecming a relict f ld times.

THE RELATIoNSHIP BETWEEN

CoNSPICUoUS CoNSUMPTIoN AND

IMITATING PATTERNS oF BEHAVIoUR

IN MoDERN INTERPRETATIoNS oF

VEBLEN

VERTICAL DIVERSIFICATIoN

STRATEGY

Veblen cncluded that imitating behaviurpatterns amng middle and lw class individualsnly cnfirmed status cnsumptin amng leisureclass individuals. In thery it is an undisputablefact n the basis f actin and reactin system sthese patterns are actually the same phemnena,but rising ut f different incentives. In respect fthis analysis, the thery seems t be a cnqueringsituatin fr luxury gds prducers when appliedt practice, r a psitin in which it seemsimpssible t lse.

Luxury gds prducers at first reduce the marketsegment they appeal t nly t leisure classcnsumptin. Furthermre, market segmentatinbecmes mre cmplex if taken int accuntthe middle and lw class imitating behaviurpattern. Sme f luxury brands prducers d nttry t penetrate this cnsumer segment. other

d by vertical market diversificatin persuadedthat the real risk is negligible. If there is any,traditinal market psitin is nt endangered duet cre market segment cnsisted f leisure classcnsumptin. There are actually many argumentsfr this ad hc presumptin. Even back in 14.,James Duesenberry cncluded that the cnsumerbehaviur is interdependent under interpersnalinfluences, especially amng middle classindividuals. Furthermre, Leibenstein shapedup this fact t the s called bandwagn effectmaking luxury brand prducers t believe thereis n real pssibility fr significat decrease indemand. Cntemprary authrs believe that the

middle class aspiratin fr status cnsumptin is ina cntinuus rise and the luxury brands prducerscan nly benefit frm the tendency.

Since the middle class accumulatin f wealthis nt sufficent fr prlnged maintainance fcnspicuus cnsumptin, the submarket fcunterfeits intended fr thse wh wuld like timitate the leisure class, but can nt affrd it, isblming. Recgnized as the first mst cncretethreat t middle class market segment in demandfr luxury brands, cntemprary experts suchas Takeyama r Barnett advcate the vertical


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diversification strategy. Accordingly, luxury brandsproducers should act as following: 1. maintainluxurious and expensive products for leisure classconsumption and; 2. introduce simultaneouslyproduct lines resembling the luxurios and highlyexclusive products, but under lower productioncosts and more affordable product price for middleclass status consumption. As an instrument ofmaximizing the profit under optimal costs, thestrategy has won a high rate of approval amongluxury brands producers. Furthermore, it has alsobenefited from the social changes imposed by theglobalization process on emerging markets suchas Asia and Latin America where middle class

consumers segment continously expands.

Actually, this idea was not much of an innovationsince it is on trace of Duesenberrys snob andbandwagon effect theories. However, Duesenberryhas fairly recognized the problem of brandscycles when consumed by many bandwagons,consumption of a specific product decreasesamong the snobs. Therefore, the cycle threatensthe market position of luxury brands producers intheir traditional market segment leisure class.Since conspicuous consumption originates from

leisure consumption of those demonstrating theirhigher social status, brands included in verticaldiversification strategy as those intended forconsumers of lower purchasing power, can notsatisfy their status aspiration any more. Reason toit lies beneath the function of status restrictingentry to individuals of other classes by exercizingcostly activities. If such costly acitivity or a luxurybrand is offered in a slightly cheaper version toother consumers, it detoriates in exclusivity amongleisure class a brand becomes diluted. Thereby,authors opposing the strategy conclude thatmarketers are motivated to maintain a productsexclusivity in part because they believe that some

consumers might find the product less valuable if itbecomes widely available.

Brand dilution issue became obvious evento Barnett who considered a shortrun verticaldiferentiation strategy as at least sufficient strategyfor maintenance of middle class market segment ina short period. However, the other, more interestingBarnetts idea we oppose is in defence from thesubmarket and counterfeits, the producers shouldtake no action at all.

Picture 1.: An example of vertical diversification

Gucci Marrakesch handbag, price: 80,00 $


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Gucci New Bamboo handbag, price: 13.500,00 $

Surce: Guccis webshp n http://www.gucci.cm/us/styles/257032FWHDG2

SELECTIVE ENFoRCEMENT oF

INTELLECTUAL PRoPERTY RIGHTS

STRATEGY

The mst cmmn legal instruments whse purpseis t prtect luxury brands, r ther prductsmarks and design frm unauthrized cpying,are trademark, industrial design and cpyright (inUSA als tradedress). These legal instruments infact have very simple ecnmic gals. Intellectualprperty rights first f all enable prducers tsustain riginality as a distinctive cmparativeadvantage frm the cmpetitrs n the market.As a cnsequence, luxury brands prducers havemuch mre alternatives and freedm while creatingprice plicy fr their prducts. Since the essencef intellectual prperty rights is t mnplizespecific prducts characteristics, the prducersbenefit frm them by impsing higher prices andcnsequently gain extra prfit. The extra prfit isnt an nly incentive t prducts legal prtectin.

Since these prducers are mre prfitable thancmpetitin, the incentive fr new investementcycle leading t new riginal prducts is higherthan the ne amng the cmpetitrs.

Hwever, in case f luxury brands, cunterfeitinghas shwn a high level f resilience. Eventhughthe prducers have registered fr legal prtectin,smetimes it seems almst impssible t exercizeeffectively intellectual prperty strategy. Attemptingt supress the submarket, the prducers havet cnfrnt its unpredictability, the prblem fidentifying its rigin and a pr pssibility t

cmpensate damages. S, hw t cmpete withand supress the submarket in the abscence fefficient legal instruments? When sme authrsrecmmended vertical diversificatin strategy andit was widely apprved by luxury industries, thercriticized it pinting ut the threat f brand dilutin.As an alternative t this cnfrntatin, Barnettrecmmended, understd in a simplified manner,

t take n actins at all against cunterfeiting.What are the arguments fr this, at first sight, andd prepsitin?

The submarket creates the imperfect cpies fluxury riginals. Any imperfectin must be bviust true status-riented cnsumer s he culd ntsatisfy his status aspiratins buying a degradedprduct. Regardless the unauthrized cpy quality,status aspiratins are nt beeing satisfied whilepurchasing the cunterfeit because there is nluxury treatment r a special ritual in the mment fpurchase. Furthermre, submarket lacks seriuslythe elements f exclusivity in distributin netwrk,

as well as the elements f exclusivity in custmerrelatinships management. E.g., a bth sellerdes nt ship verseas a catalgue f next seasnprducts t devted custmers arund the wrld.When the exclusivity is gne and the cunterfeitsare widely cnsumed gds, especially in middleand lw classes, status aspiratins can nt besatisfied. Therefre, luxury brands prducersdecided nt t cmpete with the submarket simplycncluding that status riented cnsumers d ntpurchase n the submarket. In fact, they startedt believe that submarket cnsumptin increasesdemand fr riginals. The mre cunterfeits are


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being ffered n the market, the strnger becmesan incentive amng status riented cnsumers treaffirm their status by purchasing mre expensiveand mre exlusive riginals. Barnett alleges threecnditins t this desirable utcme: 1. an riginaladvances scial status ; 2. unauthrized cpies areimperfect ; 3. a luxury prducer can nt intrducevertical diversificatin withut diluting the brandcapital.

Frm this pint f view, we can cnclude thatinstead f cmpeting with and supressing thesubmarket, luxury brands prducers have thepprtunity t apply the strategy f special market

price psitining. First registered intellectualprperty rights, and nw the submarket, allwedthem t earn extra prfit based n high prices.Sme empirical mdels have even prved whenthe snbbish effect is large enugh, a prductcan becme mre attractive t a segment f theppulatin as its price increases. These mdelswuld even reduce Barnetts cnditins t nlytw f them, since they did nt find a significantcrellatin between prducts quality and snbbishcnsumptin, but determined a high crellatinbetween snb effect and high prices. Evaluatedby its effects, this strategy is actually adversary tvertical diversificatin strategy. other advantagesrise frm the fact that there are n additinal cstsf intrducing degraded prduct line and therebyn risks in traditinal leisure market segment.This strategy is als far simplier cmpared tdiversificatin since is nt an issue t define thetarget grup.

The submarket may als be tlerated as anexpenseless prmtin f luxury brands.Furthermre, submarket has shrtened a lifespanf widely cnsumed riginal and their cunterfeits.As a result cnsumer demand increased fr new,innvative prducts. Sme industries shrten

the prducts life span n purpse s they culdincrease demand fr new generatin f prductsr new cnspicuus styles. Therefre, it hasbecme a prevailing tendency in luxury gdsindustry t sustrain itself frm legal actins againstthe submarket.

The prducers f luxury gds nwadays utilizebth vertical diversificatin strategy and selectiveapprach t intellectual prperty prtectin.Hwever, the case study we are presentingnext in the paper has shwn that smething in

bth strategies interpreting Veblen and theirassumptins may lead t a serius mistake.

CASE STUDY oF GUCCI AMERICA,

INC. VS. GUESS?, INC. THE FAILURE

oF BRAND STRATEGIES BUILT oN

VEBLENS INTERPRETATIoNS

CASE FACTS

In May 200, Gucci filed a cmplaint against Guessat New Yrk Suth District Curt fr trademark,tradedress and industrial design infringement, andther separate lawsuit in Milan, Italy. Gucci seekedinjuctive relief and damages accrding t UnitedStates Lanham Act, New Yrk General BusinessLaw and cmmn law. Allegatins against thedefendants referred t the unauthrized cpyingand studied imitatin f Guccis registered designmarks such as interlcking letter G mtif, stylizedletter G, script Gucci design mark and DiamndMtif trade dress, mst frequently used in Guccisaccessries prducts lines. Furthermre, Gucciaccuses Guess f marking the same prducts linewith studied imitatin f Guccis industrial design

and distributing it in retail stres and Guess web-shp, but als in a whlesale distributin channel.

Guccis prducts are ne f the mst cpied andimitated luxury prducts n the submarket. YetGucci never tk serius r planned actins againstit. Beside selective enfrcement f intellectualprperty strategy, Gucci was a leader in verticaldiversificatin strategy as we have depictedprevius in the paper. It seemed that Gucci self-impsed a traditin f ignring the imitatins, butGuess smehw interrupted the perid f silenttlerance. The best way t explain a suddenreactin is quting Guccis arguments against the

defendants in the cmplaint:

Defendants are using varius ther designelements and designatins,that are knckffsf design elements and designatins used byr assciated with Gucci, all with deliberateintentin t cause the cnsumers and the tradet believe that their prduct and prduct lines areauthrized, spnsred, apprved, indrsed rlicensed by Gucci, r that the Defendants are insme way affiliated with Gucci. .


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PICTURE 2: GUCCIS REGISTERED TRADEMARK

PICTURE 3: GUESS? MOST COMMON WALLET AND HANDBAG LOGO

Source:http://www.namedevelopment.com/blog/archives/200/05/guess_who_is_st.html

Defendants promotion, advertisementis a

part of a sophisticated and elaborate scheme totarget Gucci, to create product that are similar inapperance to the most popular Gucci productsso they can take advantage of the markets anddemand Gucci has created for such designs withouthaving to incur developmental, promotional andadvertising expenses that Gucci has incurred.

However, Gucci got targeted by the submarket ina very similar manner decades ago. What worriedGucci was a result of Guess strategy. Accordingto 2010. Guess Inc. Annual Report, the companygenerated a net revenue higher than 2,1 billionUSD showing off a contionuous rise since 2005.

According to Guccis official financial statementfor 200., brand Gucci earned 2,2 billion EUR inrevenue, neglible more than Guess if taken intoaccount Guccis tradition and everlasting brand.

WHAT LIES BENEATH GUESS

SUCCESS?

Despite the outcome of legal proceedingsand eventual court legal opinion whether theinfringement ocurred or not, it is undisputable froma cosumers point of view that Guess imitated the

elements and distintive marks of Guccis brand.

Let us conlude that Guess has developed its brandfrom the crucial submarket characteristic copyand imitation. But, what happens if the competitorfrom the submarket does not act as submarketdoes as percieved in its traditional forms?

First, Guess institutionalized itself as a corporation.It is not a booth seller from the obscure marketsomewhere in urban outskirts. It is not a smugglerterrified by customs duty control while crossingthe state boarder. It is a company listed on NewYork Stock Exchange building a strong corporateimage and establishing communication channelsto capital market, investors, suppliers, consumers

and establishing official distribution network for itsproducts.

Second, Guess products may be copies orimitations, but they are not imperfect as someauthors would presume for all submarket goods.Guess invested in a certain level of quality forits products. Eventhough this quality cannot beequated with Guccis quality, yet it is satisfying forthe most of the upper middle class consumers.Furthermore, any imitation made is not literall tothe extent leading consumer to percieve Guessproduct as a lousy attempt to sell fake for Gucci.


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Imitation is elaborate to the extent only reminding a

consumer of exclusiveness and status associatedwith luxurious brands. If being honest completely,this degree of imitation is common even betweenthe luxury brands themselves.

Combined with the level of quality, third surpise isthe price policy. Guess is not pricing its productson marginal costs. Proportional to good quality, inthe period of inital placement, the price is higher

than the one on the submarket, even higher than

the one for goods subjected to the middle classconsumption. It is very possible that Guess productin inital placement period and vertically diversifiedluxury product are sold at approximately the sameprice. Furthermore, Guess is ready to discount theproducts very quickly after the inital placementso they could shorten the products cycle moreeffectively than luxury brands.

PICTURE 4: GUCCIS MAN FOOTWEAR, PRICE: 370$

Source: http://www.counterfeitchic.com/designs_designers/

PICTURE 5: GUESS? MAN FOOTWEAR, PRICE: 98$

Source: http://www.counterfeitchic.com/designs_designers/


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Furth, Guess planned its distributin netwrk t

the smallest detail. It runs a web-shp as luxurybrands d and it pened Guess retail stres.Hwever, Guess is nt frightened t enter the partf distributin netwrk cntempted by sme luxurybrands the whlesale. Eventhugh they are ntadmitting it at lud, luxury brands are enteringthese distributin channels thrugh verticaldiversificatin. But cmpared t the cmpetitr asGuess, they are very shy attempting it.

Fifth, Guess has a brand strategy that cmbineselements f submarket with his wn distinctivebrand. Fr them, imitatin is nt a lng termstrategy. It is nly an instrument f bstinginitial demand t the degree that wuld cnfusecnsumers abut what is an riginal, and whata cheaper imitatin. After that, Guess intrducedcarefully its wn riginal design t acquired marketsegment. E.g., new cllectin fr 2011 has almstnthing f Guccis imitated design patterns.

Cmbining all f the elements as abve, Guesssucceeded in market psitining like n submarketculd ever d. It targeted middle class, and haswn the upper middle clas, the mst interestingmarket segment t luxury brands prducers.Guess usurpated successfully the mst prmising

market segment.

CoNCLUDING REMARKS oN CASE

STUDY IMPLICATIoNS To CURRENT

LUXURY BRANDS STRATEGIES

The case study has prven that verticaldiversificatin strategy has failed in severalelements while appeling t middle classcnspicuus cnsumptin. Luxury brands win themarket cmpetitin fr the middle class nly if:

cunterfeits are bvius, literall, lw quality and

cheap;

submarket cannt institutinalize itself;

submarket lacks fficial distributin netwrk;

submarket price plicy fllws marginal cstprinciple;

submarket is reluctant t invest in quality fimitatins;

submarket has n capacity t refinerganizatin and strategy.

1.

2.

3.

4.

5.

.

Therefre, they are nt threatened any mre by

traditinal frms f submarket. What was thencnsidered t be a traditinal submarket, nwevlves t new, agressive and mre develpedplanned attacks n luxury brands maskedunder legitimate prduct prducers. Building thecapacity t cmpete fr middle class segment,it als endangers the assumptin f selectiveintellectual prperty enfrcement that there is ntrue cmpetitin between the market f luxuryriginals and indecent imitatins. If the marketsignalized cmpetitin between thse wh wuldnever be percieved as real cmpetitrs , even thesnb effect culd becme less intense.

Middle class cnsumers benefit frm this situatin.They are satisfying the aspiratin fr statuscnsumptin since they are purchasing withut anyembarassement quality cmparable t diversifiedluxury brands under nly a slightly affrdable reven same price in fairly designed interir f anffical distributr. This ritual is even mre cnfusingt the snbs wh are nt sure any mre if middleclass is nly demnstrating her present status, ractually smehw manages t keep up with them,under a bit lwer cst. In this paradx situatin,Gucci realized that fllwing n actin paradigmhas becme hazardus fr its market share and

revenue. We wuld say, unfrtunately, t late.What used t be a submarket tk advantage ftheir inertin and evlved t a cmpetitr wrthcautin, attentin and reactin. The challenge willbecme even mre difficult if taken int accunttw eminent rising tendencies in middle classcnsumptin unpredictability and elasticity indemand caused by peridial incme retreat andecnmic cycles.

CoNCLUSIoN

The gal f this paper was nt t attack Veblens

thery since the practice has shwn that thery hadn sund alternatives r firm arguments rejectingit s far. The intentin was t pint ut weaknessf therys interpretatin in cntemprary brandstrategies. Als, we wanted t warn that traditinalsubmarket has prgressed t a new frm andevlves faster than brand strategies culd readapt.We are suggesting that selective enfrecementf intellectual prperty rights strategy may berecnsidered in its applicatin t practice. Verticaldiversificatin strategy has t find new slutinsin unfair cmpetitin fr middle class cnsumers.


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Either it will be imprved in methds, r it will be

retrieved cmpletely.

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Amaldss, W., Sanjay, J.: Pricing f CnspicuusGds: A Cmpetitive Analysis f Scial Effects,Jurnal f Marketing Research, 42(1), 2005

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Reflectins n Status Cnsumptin, IntellectualPrperty and the Incentive Thesis, Nv-um, 2008(1)4

Cmplaint 0 CV 4373 filed n May th 200 tNew Yrk Suth District Curt by the plaintiff GucciAmerica Inc. against Guess Inc. and Guess ItaliaS.r.l.

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http://www.cunterfeitchic.cm/designs_designers/

http://www.investrs.guess.cm

http://www.guccigrup.cm/

http://www.namedevelpment.cm/blg/archives/200/05/guess_wh_is_st.html


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