Respect for Intellectual Property Rights – Lessons from the “Ong Tho” Character during the Halloween Costume Season

1. A real-life story: When “just having a little fun” can still violate the law

On October 30, images circulated on social media of individuals dressing up as “Ong Tho” – the brand icon of Vinamilk’s sweetened condensed milk – to celebrate Halloween. Shortly thereafter, Vinamilk issued an urgent announcement affirming that the image of the Ong Tho character is intellectual property owned by the company.

As some of the costume-related content was considered “inconsistent with the brand’s identity,” Vinamilk requested that individuals and organizations cease using the Ong Tho image without authorization, and asked those wishing to use it to submit a formal cooperation request.

From what seemed like a light-hearted incident, an important legal issue emerges: intellectual property (IP) rights in the age of social media must be properly understood and respected—especially by young people, KOLs, celebrities, and content creators.

2. Intellectual property rights under the Law on Intellectual Property 2005

(as amended and supplemented in 2009, 2019, and 2022)

The Law on Intellectual Property 2005 (as amended and supplemented in 2009, 2019, and 2022) provides that:

Under the current Law on Intellectual Property:

• IP right holders have the right to request the cessation of infringing acts, demand public apologies and corrections, and claim damages, pursuant to Point b, Clause 1, Article 198 of the Law on Intellectual Property 2005 (as amended and supplemented in 2009, 2019, and 2022).
• Trademarks, logos, and distinctive images, if registered for protection, are legally recognized as intellectual property of the owner, pursuant to Point a, Clause 3, Article 6 of the Law on Intellectual Property 2005 (as amended and supplemented in 2009, 2019, and 2022).
• Unauthorized use of images, logos, or brand characters without the consent of the owner may constitute infringement of industrial property rights or copyright, depending on the form of protection.

Specifically:

• Under Point a, Clause 3, Article 6 of the Law on Intellectual Property 2005 (as amended and supplemented in 2009, 2019, and 2022), industrial property rights to trademarks are established on the basis of protection titles granted by competent state authorities.
• Pursuant to Clause 1, Article 125 of the Law on Intellectual Property 2005 (as amended and supplemented in 2009, 2019, and 2022), the owner has the right to prevent others from using industrial property objects within the scope of protection.
• Acts of using signs identical or confusingly similar to protected trademarks, under Points a and d, Clause 1, Article 129 of the Law on Intellectual Property 2005 (as amended and supplemented in 2009, 2019, and 2022), are considered trademark infringement.
• In addition, for original creative images or characters, unauthorized copying or use may also infringe copyright under Articles 19 and 20 of the Law on Intellectual Property 2005 (as amended and supplemented in 2009, 2019, and 2022), which grant authors and copyright owners the right to permit or prohibit others from copying, using, displaying, or distributing their works.

Accordingly, the image of the “Ong Tho” character—closely associated with Vinamilk’s sweetened condensed milk product—is a registered and protected brand asset. Any use, reproduction, adaptation, or costuming for commercial purposes (such as advertising, TikTok videos, or viral clips) without authorization carries a potential risk of legal violation.

3. When “fun content” turns into “legal risk”

Many young people and influencers believe that “it’s just cosplay or for fun, not for selling anything.” However, under current law:

• If the use of brand images in social media content involves promotion, engagement, or personal benefit, it may still be considered commercial use, pursuant to Articles 124 and 129 of the Law on Intellectual Property 2005 (as amended and supplemented in 2009, 2019, and 2022).
• If images are used in a provocative, offensive, or brand-distorting manner, the owner has the right to request removal, an apology, or even initiate legal proceedings.

Therefore, even when it is “just a costume,” social media users should carefully consider before using brand images or famous characters.

4. Legal lessons for young people, KOLs, and content creators

a. Identify the origin of images and symbols before use
Before posting, cosplaying, or using images on social media, check whether the image is protected by intellectual property rights.

b. Obtain permission when using brand images
If you wish to use them, contact the owner and obtain written permission. Vinamilk clearly stated: “If there is a need to use the Ong Tho image, please submit a formal cooperation request.”

This not only demonstrates respect for the law but also helps build a professional image for content creators.

c. Avoid distorting or mocking brands
Acts such as image manipulation or cosplay related to brands may be perceived by the owner as offensive or damaging to the brand’s reputation.

Under the law, such acts may constitute infringement of industrial property rights relating to trademarks.

d. Keep clear evidence of cooperation or licensing
If permission has been granted, retain emails, messages, contracts, or written approvals to avoid future disputes.

e. Be cautious when content is disseminated internationally
If images are widely shared beyond Vietnam, attention should be paid to international treaties (such as the Paris Convention, TRIPS, and the Madrid System), as protection may apply across borders.

5. Conclusion: Respect intellectual property – Build a civilized creative environment

The incident involving the “Ong Tho” character during the Halloween costume season is a reminder that, in an era of booming content creation, intellectual property rights are not only a concern for businesses, but also a responsibility of each individual.

Respecting intellectual property does not hinder creativity—it helps creators remain civilized, professional, and legally safe.

Key takeaways

• Intellectual property rights are legally protected assets.
• IP infringement may result in administrative penalties, mandatory content removal, compensation for damages, or legal action.
• Always seek permission before use, maintain a respectful attitude, and avoid content that causes misunderstanding or offends brands.