Book Summary Preview : Protecting the Brand
November 11, 2008
The Big Idea
Brand-name products represent the largest single sector of the U.S. economy, yet there is no simple format in existence to educate people about the rules of trademarks. In fact, many lawyers cannot even distinguish between the familiar © and ® markings. Protecting the Brand sorts out trademark law in a simple and descriptive manner.
Aspirin, Cornflakes, Dry Ice, Brassiere, Zipper – these are just a few of the names once recognized as brands that have lost their exclusivity due to owner misuse and ignorance of trademark law protection. Protecting the Brand dissects such disasters and offers information on how these losses could have been prevented.
Written in an easy-to-comprehend manner, Protecting the Brand gets to the heart of the matter, explaining in practical terms the complex minefield that is trademark law.
Throughout the book important trademark rules are explained and each is illustrated with a brief case study of a court ruling demonstrating the consequences of misuse.
Why You Need This Book
This book is invaluable to anyone who wishes to understand the intangible asset known as the trademark. Readers with a vested interest in protecting their own company’s brand will find this book to be worth its weigh in gold, as it is the key to protecting any company’s most valuable asset.
Part I: The Principles of Brands
A brand is a symbol that answers the question “Where did this come from?”
A trademark is a word, name, symbol, phrase, logo, color, sound, smell, or other marking (or combination of any of these) that lets consumers know who provides a particular product. Just like a brand on a steer identifies the ranch to which the steer belongs, a product’s trademark (loosely called a brand) answers the question “Where did this come from?”
A brand is a shortcut
Trademarks serve as a shortcut: an easy way for consumers to associate a service or product with quality, value, prestige, and other attributes. For example, seeing the Golden Arches may bring to mind hamburgers (the product), NBA basketball (sponsorship), family fun (advertisement), Ronald McDonald house (charity), instant winners (promotion), and convenience (service).
In fact, the brand has a greater effect on a consumer than any detailed sign ever will, because the brand conveys the consumer’s personal experiences as well as the image the advertiser wants to sell.
Brands are worth their weight in gold
An exclusive trademark associated with consistently superior products will have incredible value. But how much value exactly? This will depend on a variety of factors, some of which are beyond the trademark holder’s control, such as the state of the economy. A well-protected trademark, however, can be a company’s most valuable asset.
Brand value stems more from earning power than prestige.
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