Printed matter – Having revealable concealed information – fraud preventer or... – Identifier
Reexamination Certificate
1999-10-25
2002-03-26
Wellington, A. L. (Department: 3722)
Printed matter
Having revealable concealed information, fraud preventer or...
Identifier
C283S072000, C283S085000, C283S091000, C283S101000
Reexamination Certificate
active
06361079
ABSTRACT:
BACKGROUND OF THE INVENTION
(1) Field of the Invention
The present invention relates to the identification of genuine goods provided by a source of such goods and the differentiation of counterfeit goods therefrom. In particular, the invention relates to the marking of labels that are adhesively applied to such genuine goods. More particularly, the invention relates to such labels that are marked with ink that is not visible when exposed to visible light. Still more particularly, the invention relates to labels having a bottom adhesive surface that is marked with such ink. Even more particularly, the invention relates to such labels wherein the markings applied to the adhesive surface correlate with a code that is normally visible on the top surface of the label.
(2) Description of the Prior Art
The production and sale of counterfeit consumer goods pose a major concern for those who manufacture and sell the true - or genuine - version of such goods. The sale of such goods diminishes the strength and reputation of the service and trade marks associated with such items, reduces the income realized by those who make and sell the genuine item, and confuses the buying public as to the source and quality of those goods in the marketplace.
One technique that is commonly use to ascertain the authenticity of a product is to apply some sort of indicia to the goods. A manufacturer or retailer might then inspect suspect goods for the mark and thus determine whether or not they are counterfeit or genuine. The mark is ideally one that would be difficult for a counterfeiter to duplicate or detect. Such identifying indicia can be applied directly to a product, or, as a less expensive alternative, to the packaging of the product.
The prior art has adopted the approach of marking the packaging or labeling of a product rather than the product itself. If a counterfeiter develops a way to reproduce the distinguishing indicia applied to the genuine product, new packaging or labels bearing different indicia can be readily produced without re-marking the goods themselves, thereby minimizing financial loss. By applying such indicia with ink that is invisible under the ‘normal’ or visible spectrum of electromagnetic radiation, the likelihood that a counterfeiter would detect the distinguishing mark, copy it, and incorporate it into the packaging of the counterfeit goods can be substantially reduced. Way (European Patent 0 342 982; published 1989) describes a self-adhesive tape label having indicia printed in ink that is not visible under the normal spectrum of light and is preferably visible under ultraviolet light. The indicia are printed on the top or product information surface—i.e., the surface opposite the adhesive layer - and may be covered with a transparent layer of polymeric material. Similarly, the label of Chouinard (U.S. Pat. No. 4,889,365; issued 1989) has both visible and invisible indicia printed on the outer product information side of the label. Although they teach that indicia should be applied with ink that is not visible to the naked eye, these prior-art labels place the indicia at a location where an enterprising counterfeiter equipped with an ultraviolet lamp is most likely to search for a security mark—the outward-facing product information side of the label. Once discovered, the indicia themselves can be copied and applied to the labeling of the counterfeit products.
A more complex solution involves physically concealing the indicia under a series of opaque layers. The multi-layer label of Marino et al. (U.S. Pat. No. 5,605,230; issued 1997), intended for permanent application to pharmaceutical containers, conceals printed indicia under a removable protective sleeve that carries an outer label. When the sleeve is removed, the underlying indicia are exposed, thereby assuring authenticity. Green et al. (U.S. Pat. No. 5,042,842; issued 1991) also describes an adhesive-backed, multi-layer security label. Indicia or markings are applied to the bottom layer of the label that is permanently attached to a product. The label also includes a permanently patterned adhesive so formed as to reveal a portion of the indicia when a portion of the label is removed. To provide a further measure of security, the markings in the label of Green et al. may be printed in a fluorescent dye or ink that is sensitive to ultraviolet light in order to avoid immediate detection by a counterfeiter. Because such multi-layer prior-art markers are intended for permanent application to the genuine product itself or the product container, they are not appropriate for use with goods—such as clothing—having labels that are readily discarded. Moreover, the multi-layer construction of these prior-art labels makes them too expensive for use as discardable labels.
The prior-art labels that employ such anti-counterfeiting measures are either too easily detected and overcome by would-be counterfeiters or too costly to be used for labels that are readily discarded. Therefore, what is needed is an adhesive-backed label bearing anti-counterfeiting and security indicia that are not printed on the outward-facing surface of the label. In addition, what is needed is an anti-counterfeiting, adhesive-backed label bearing security indicia that are not visible when exposed to the visible spectrum of light. What is also needed is an anti-counterfeiting, adhesive-backed label that can be used in applications where the label is often removed from the product marked by the label prior to use. Finally, what is needed is an anti-counterfeiting label that is relatively inexpensive to manufacture.
SUMMARY OF THE INVENTION
The present invention fulfills these needs in the art by providing an adhesive label capable of identifying authentic goods and assisting in the detection of counterfeit articles. The label is printable on both its top surface—i.e., the outwardly facing surface that normally bears product information—and its bottom surface, and is also coated with an adhesive on its bottom surface. Product information—i.e., information identifying the product and its source—is printed on the top surface of the label and is visible when the label is illuminated by visible light. Indicia are printed on the bottom adhesive-coated surface of the label using ink that is not visible when exposed to the visible portion of the electromagnetic spectrum.
A printable substrate has first and second sides, the second side being coated with an adhesive for affixing the label to the goods intended to be marked. The substrate may be any printable material, such as paper or a non-woven polymeric substance that is commonly used to prepare an adhesively-backed label. Indicia, located on the first side of the label and visible when exposed to the visible light, informs consumers about the goods marked with the label. A second set of indicia printed on the adhesive second side of the label indicates genuineness of goods marked by the label and is visible only when illuminated by electromagnetic waves outside of the visible light spectrum. The label may further include release paper that covers and protects the adhesive second side—and the printing thereon - prior to application of the label to genuine goods. When marked with such a label, the genuineness of goods can be determined by removing the label from the goods and illuminating the label with electromagnetic radiation that is outside the visible light spectrum, thereby making the printed indicia applied to the label on genuine goods visible. Conversely, non-genuine or counterfeit goods can be identified by removing the label from the goods and illuminating the adhesive-coated second side of the non-genuine label with radiation of the same wavelength to reveal the absence of printed indicia.
The indicia printed on the adhesive second side of the label may be visible when exposed to ultraviolet radiation. A phosphorescent dye having a greenish or bluish hue when illuminated with ultraviolet radiation may be selected. Non-authenticity may be indicated when printing having a different hue than the phosphore
,MacCord Mason PLLC
Carter Monica
Wayne Trademark Manufacturing Company
Wellington A. L.
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