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1
Colors, Brands, and Trademarks: The Marketing (and Legal) Problem Of Establishing Distinctiveness
Janet Hoek and Philip Gendall, Journal of Advertising Research, Vol. 50, No. 3, 2010, pp. 316-322
The successful registration of a color as a trademark requires the courts to assess whether the color has developed secondary meaning with respect to a specific brand.
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Summary
The successful registration of a color as a trademark requires the courts to assess whether the color has developed secondary meaning with respect to a specific brand. Survey evidence often is used to support distinctiveness claims but frequently carries little weight because of criticisms of the methodology used. Cadbury’s application to register the color purple in New Zealand, for instance, provided a context for comparing three methods of establishing brand/color distinctiveness: a traditional approach and two novel approaches involving a color wheel and choice modeling. All three methods revealed strong associations between Cadbury and purple, but the new methods tested are potentially more robust and less susceptible to challenge in the courts.
2
Conscience is key to stopping the rise of fashion fakes
Glyn Atwal, Douglas Bryson and Johan van Gersdorff, Admap, April 2009, Issue 504, pp. 50-51
The article reports research showing that fashion fakes are increasingly acceptable, arousing little guilt.
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Summary
The article reports research showing that fashion fakes are increasingly acceptable, arousing little guilt. People buy these fakes knowingly, largely under peer pressure and the wish for social status at prices they can afford, as well as the satisfaction of making a good bargain. Action the genuine fashion industry could take to counteract the appeal of fakes includes: greater speed of innovation and renewal; design leadership; delivering a better, more holistic ownership experience including customer service; boosting its own ethical credentials and making customers aware of the immorality and hidden human costs of supporting the counterfeit economy.
3
China steps ups IP protection rights for major global brands
Alison Ross, Admap, March 2009, Issue 503, pp. 50-51
This article describes how China has developed intellectual property (IP) laws and has recently tightened them.
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Summary
This article describes how China has developed intellectual property (IP) laws and has recently tightened them. Chinese courts have shown commitment to protecting IP rights, and foreign litigants are having more success asserting their rights in China. Before entering China, foreign companies should have a comprehensive strategy in place to take advantage of these laws: 1) comprehensive territorial registration; 2) early registration of trademarks; 3) trademarks should be registered in English and Chinese; 4) vigilance to spot instances of infringement; 5) educate employees; 6) in licensing, include a clause that allows disputes to be dealt with in alternative jurisdictions (e.g. Hong Kong, which is faster than the mainland); 7) use available enforcement procedures.
4
Patent watching - an unconventional approach to product and service predictions
Alexei Bogdanov, ESOMAR, Annual Congress, London, September 2006
This paper proposes the 'Systematic Innovation Methodology' as an option to conventional consumer research and understanding methods.
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Summary
This paper proposes the 'Systematic Innovation Methodology' as an option to conventional consumer research and understanding methods. Not only does this methodology help translate insights into successful prototypes, but it is also a self-standing powerful tool that allows predicting future products, services and general business. The method is based on systematized and generalized results of patents research from all industries for the past 200 years.
5
Will Google become a victim of its own success?
Lee Curtis, Admap, June 2006, Issue 473, pp. 55-57
Lee Curtis, a trademark attorney at the Leeds office of Pinsent Masons, discusses the dangers that Google, Xerox and Jacuzzi run if they fail to protect their trade marks - and the ways to prevent familiar brand names going the same way as escalator, linoleum, and, even, sandwich.
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Summary
Lee Curtis, a trademark attorney at the Leeds office of Pinsent Masons, discusses the dangers that Google, Xerox and Jacuzzi run if they fail to protect their trade marks - and the ways to prevent familiar brand names going the same way as escalator, linoleum, and, even, sandwich.
6
Protecting brands in a global legal minefield
Douglas J. Wood, ANA Magazine, October 2004, pp. 116-118
Discusses the problems of protecting global brands, trademarks etc., under different countries' legal systems.
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Summary
Discusses the problems of protecting global brands, trademarks etc., under different countries' legal systems. Covers: defining a brand; establishing a brand; protecting a brand against marauders (brand ambushers, trademark diluters and trademark infingers); keyword purchase, adware and spyware on the internet.
7
Overview of Trademark Use in Marketing
Talcott J. Franklin, American Marketing Association, 2004
Securing a trademark is of central importance to brand owners, as it allows them to maintain the integrity of their product.
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Summary
Securing a trademark is of central importance to brand owners, as it allows them to maintain the integrity of their product. This paper covers the main rules for using trademarks in brand marketing, including those on making sure that the advertising of a brand is always managed in the right way.
8
Intellectual Property: The Smart Bomb in Marketing's Armoury
Derek Ralston, Market Leader, Issue 17, Summer 2002, pp. 28-30
The author asserts that in the next decade marketers will have opportunities to create long term competitive brand advantage by applying the laws of protection to their brands.
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Summary
The author asserts that in the next decade marketers will have opportunities to create long term competitive brand advantage by applying the laws of protection to their brands. He predicts that marketing directors may have a strict criterion of 'make sure you can patent or don't launch' imposed on them. Several illustrations of intellectual property are given from an Amazonian tribe defending a drug it had grown for centuries to costly incidents experienced by Microsoft. Marketers are exhorted to develop well-designed IP strategies, to insulate the entire product from competitive activity and to make IP are core marketing competence. The article is accompanied by a case study of the launch of Gillette's Sensor razor which was ultimately protected by 22 patents.
9
Owning Brand Value: From Trademark to Trustmark
Larry Light, Admap, November 2000
Argues that brand values must be defended against theft as trademarks are, by developing a clear, legally defensible concept of a brand.
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Summary
Argues that brand values must be defended against theft as trademarks are, by developing a clear, legally defensible concept of a brand. The content of such a brand concept is discussed under four heads: distinctive identity in the marketplace, familiarity, making a special promise, building brand authority. It is the job of marketing to develop the brand concept, with clear and consistent arguments that can be used in a legal defence: no imitator, parasite or copycat should be allowed legally to steal a brand's identity.
10
Remedies Against Cyberpirates
Ben Reed, Tom Queen and Hugh Latimer, ANA Magazine, May 2000
This article summarizes the old and new remedies available under U.S. law to trademark owners against 'cyberpirates' (who register, but do not use, trade marks as domain names) or others who seek to exploit the owners protected trademarks as their own domain names.
View Summary
Summary
This article summarizes the old and new remedies available under U.S. law to trademark owners against 'cyberpirates' (who register, but do not use, trade marks as domain names) or others who seek to exploit the owners protected trademarks as their own domain names.
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Trademarks and patents
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