tag:blogger.com,1999:blog-5574479.post1771740076197260923..comments2024-03-28T16:45:51.051+00:00Comments on The IPKat: Brands and INTA: Going Where No Annual Meeting Has Gone Before?Verónica Rodríguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-5574479.post-90495809437589261432010-06-01T06:29:28.339+01:002010-06-01T06:29:28.339+01:00Pamela-
From my experience the overly risk averse ...Pamela-<br />From my experience the overly risk averse interpretations of trademark often come from the business side in that they perceive trademark, and law in general, as risk averse and restrictive; therefore, they try not to involve lawyers unless they have no choice.Anonymoushttps://www.blogger.com/profile/12014339364374407393noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-78331620267526954372010-05-31T15:37:22.828+01:002010-05-31T15:37:22.828+01:00I guess I've never understood what the distinc...I guess I've never understood what the distinction is and believe that the so-called "brand" interests and trademark interests are almost completely consistent. To me, "brand" and "goodwill" are related, if not interchangeable, concepts. When I want to convey to business folks why trademark law favors or discourages certain behaviors, I describe it as the positive or negative effect on the brand and they get it. I've only ever thought of trademark law as an imperfect system for protecting a brand, and to the extent that trademark law truly acts contrary to enhancing brand (as distinguished from an overly risk averse lawyer's interpretation of it) it has failed.Pamela Chestekhttps://www.blogger.com/profile/09997764091535406126noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-38707309617999396702010-05-30T04:48:11.314+01:002010-05-30T04:48:11.314+01:00Rudi,
Thanks for the lead on the article. I agree...Rudi,<br /><br />Thanks for the lead on the article. I agree with your comment on the separation, although in some instances, the brand manager may have come via the trademark department rank. I guess the fact that the progression seems to be from trademark lawyer to brand manager perhaps says it all.Neil Wilkofhttps://www.blogger.com/profile/04200865773480720037noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-14911152547725776762010-05-28T18:18:10.728+01:002010-05-28T18:18:10.728+01:00I recall an article by Alexandra George (Journal o...I recall an article by Alexandra George (Journal of Brand Management (2006) 13, 215–232) that looks at this separation between brand and TM. Her argument, which I found convincing, was that law and marketing speak different languages and have different aims. She was looking at how new branding practices were fundamentally at odds with trademark and therefore perhaps the law needed to reorient to the new practices.<br /><br />Another aspect that I have seen that leads to the separation you have described is the fact that most organisations have their legal and business teams separated and, therefore, there is not the opportunity for communication and interchange between trademark lawyers and brand managers.Anonymoushttps://www.blogger.com/profile/12014339364374407393noreply@blogger.com