This assignment is based on Legal concept the assignment covers the Intellectual Property Act 36 of 2003, and other concept relates to the unfair competition and Admissibility of a mark.
We have selected the Spirits of Srilanka to apply the theory which would make the assignment easier to understand and more users friendly.
Trademarks, copyrights and patents are important elements of your business. Without protecting them, your ideas may be stolen, your products may be copied, and you may even lose your business. This booklet not only provides useful basic information about trademarks, copyrights and patents, but outlines answers to frequently asked questions about litigation should that ever be a consideration. This information can serve as a good foundation for further discussions with your intellectual property lawyer.
CASE STUDIES ON IPR DISPUTES:
1. COCO COLA Vs BISLERI
2. WALMART AND HEALTH PARTNERS
3. COCO COLA Vs PEPSI
4. ‘Zandu Balm’ sues ‘Dabangg’ producers
5. Malteser or Maltesers? Mars takes Hershey trademark dispute to court
Intellectual Property Basics via Mark Miller of Jackson Walker LLP. "You can buy or sell breakfast or a toaster without a lawyer. Business law is based on common sense. Intellectual Property1 (“IP”) is different. Common sense does not always apply to IP. This is dangerous because IP can be a valuable competitive advantage, e.g., McDonald’s trademarked name, Coca-Cola’s trade secret formula, Microsoft’s copyrighted software and IBM’s patents. Not creating valuable IP is inexcusable because often only minor steps are required. The best foundation for inexpensively creating valuable IP is: (1) identify your existing and desired IP; and (2) pretend you are on the witness stand using The Rules to prove you own it. This drill opens your eyes to an important universe and teaches you how to win there. If you do not know the rules, the harder you work, the more you waste."
This assignment is based on Legal concept the assignment covers the Intellectual Property Act 36 of 2003, and other concept relates to the unfair competition and Admissibility of a mark.
We have selected the Spirits of Srilanka to apply the theory which would make the assignment easier to understand and more users friendly.
Trademarks, copyrights and patents are important elements of your business. Without protecting them, your ideas may be stolen, your products may be copied, and you may even lose your business. This booklet not only provides useful basic information about trademarks, copyrights and patents, but outlines answers to frequently asked questions about litigation should that ever be a consideration. This information can serve as a good foundation for further discussions with your intellectual property lawyer.
CASE STUDIES ON IPR DISPUTES:
1. COCO COLA Vs BISLERI
2. WALMART AND HEALTH PARTNERS
3. COCO COLA Vs PEPSI
4. ‘Zandu Balm’ sues ‘Dabangg’ producers
5. Malteser or Maltesers? Mars takes Hershey trademark dispute to court
Intellectual Property Basics via Mark Miller of Jackson Walker LLP. "You can buy or sell breakfast or a toaster without a lawyer. Business law is based on common sense. Intellectual Property1 (“IP”) is different. Common sense does not always apply to IP. This is dangerous because IP can be a valuable competitive advantage, e.g., McDonald’s trademarked name, Coca-Cola’s trade secret formula, Microsoft’s copyrighted software and IBM’s patents. Not creating valuable IP is inexcusable because often only minor steps are required. The best foundation for inexpensively creating valuable IP is: (1) identify your existing and desired IP; and (2) pretend you are on the witness stand using The Rules to prove you own it. This drill opens your eyes to an important universe and teaches you how to win there. If you do not know the rules, the harder you work, the more you waste."
A group project between myself and 4 others who researched, deconstructed and re-constructed the Abercrombie and Fitch brand and made it Fitch a more mature stable brand with all the benefits of the past while looking towards the future.
3rd Riyadh Marketing Club (Create your Trade Mark) by Dr.Hany GhonimMahmoud Bahgat
#Mahmoud_Bahgat
#Marketing_Club
Join us by WhatsApp to me 00966568654916
*اشترك في صفحة ال Marketing Club* عالفيسبوك
https://www.facebook.com/MarketingTipsPAGE/
*اشترك في جروب ال Marketing Club* عالفيسبوك
https://www.facebook.com/groups/837318003074869/
*Marketing Club Middle East*
25 Meetings in 6 Cities in 1 year & 2 months
Since October 2015
*We have 6 groups whatsapp*
*for almost 600 marketers*
From all middle east
*since 5 years*
& now 10 more groups
For Marketing Club Lovers as future Marketers
أهم حاجة الشروط
*Only marketers*
From all Industries
No students
*No sales*
*No hotels Reps*
*No restaurants Reps*
*No Travel Agents*
*No Advertising Agencies*
*Many have asked to Attend the Club*
((We Wish All can Attend,But Cant..))
*Criteria of Marketing Club Members*
•••••••••••••••••••••••••••••••••••••
For Better Harmony & Mind set.
*Must be only Marketer*
*Also Previous Marketing experience*
●Business Managers
●Country Manager,GM
●Directors, CEO
Are most welcomed to add Value to us.
■■■■■■■■■■■■■■■■
《 *Unmatched Criteria*》
Not Med Rep,
Not Key Account,
Not Product Specialist,
Not Sales Supervisor,
Not Sales Manager,
●●●●●●●●●●●●●●●●●●
But till you become a marketer
you can join other What'sApp group
*Marketing Lover Future Club Group*
■■■■■■■■■■■■■■■■
《 *Unmatched Criteria*》
For Conflict of Intrest
*Also Can't attend*
If Working in
*Marketing Services Provider*
=not *Hotel* Marketers
=not *Restaurant* Marketers
=not *Advertising* Marketer
=not *Event Manager*
=not *Market Researcher*.
■■■■■■■■■■■■■■■■
■■■■■■■■■■■■■■■■
*this Club for Only Marketers*
Very Soon we will have
*Business Leaders Club*
For Sales Managers & Directors
Will be Not for Markters
●●●●●●●●●●●●●●●●●●●●
■ *Only Marketers* ■
*& EPS Marketing Diploma*
●●●●●●●●●●●●●●●●●●●●
Confirm coming by Pvt WhatsApp
*To know the new Location*
*#Mahmoud_Bahgat*
00966568654916
*#Marketing_Club*
http://goo.gl/forms/RfskGzDslP
*اشترك بصفحة جمعية الصيادلة المصريين* عالفيسبوك
https://lnkd.in/fucnv_5
■ *Bahgat Facbook Page*
https://lnkd.in/fVAdubA
■ *Bahgat Linkedin*
https://lnkd.in/fvDQXuG
■ *Bahgat Twitter*
https://lnkd.in/fmNC72T
■ *Bahgat YouTube Channel*
https://www.Youtube.com /mahmoud bahgat
■ *Bahgat Instagram*
https://lnkd.in/fmWPXrY
■ *Bahgat SnapChat*
https://lnkd.in/f6GR-mR
*#Mahmoud_Bahgat*
*#Legendary_ADLAND*
www.TheLegendary.info
A group project between myself and 4 others who researched, deconstructed and re-constructed the Abercrombie and Fitch brand and made it Fitch a more mature stable brand with all the benefits of the past while looking towards the future.
3rd Riyadh Marketing Club (Create your Trade Mark) by Dr.Hany GhonimMahmoud Bahgat
#Mahmoud_Bahgat
#Marketing_Club
Join us by WhatsApp to me 00966568654916
*اشترك في صفحة ال Marketing Club* عالفيسبوك
https://www.facebook.com/MarketingTipsPAGE/
*اشترك في جروب ال Marketing Club* عالفيسبوك
https://www.facebook.com/groups/837318003074869/
*Marketing Club Middle East*
25 Meetings in 6 Cities in 1 year & 2 months
Since October 2015
*We have 6 groups whatsapp*
*for almost 600 marketers*
From all middle east
*since 5 years*
& now 10 more groups
For Marketing Club Lovers as future Marketers
أهم حاجة الشروط
*Only marketers*
From all Industries
No students
*No sales*
*No hotels Reps*
*No restaurants Reps*
*No Travel Agents*
*No Advertising Agencies*
*Many have asked to Attend the Club*
((We Wish All can Attend,But Cant..))
*Criteria of Marketing Club Members*
•••••••••••••••••••••••••••••••••••••
For Better Harmony & Mind set.
*Must be only Marketer*
*Also Previous Marketing experience*
●Business Managers
●Country Manager,GM
●Directors, CEO
Are most welcomed to add Value to us.
■■■■■■■■■■■■■■■■
《 *Unmatched Criteria*》
Not Med Rep,
Not Key Account,
Not Product Specialist,
Not Sales Supervisor,
Not Sales Manager,
●●●●●●●●●●●●●●●●●●
But till you become a marketer
you can join other What'sApp group
*Marketing Lover Future Club Group*
■■■■■■■■■■■■■■■■
《 *Unmatched Criteria*》
For Conflict of Intrest
*Also Can't attend*
If Working in
*Marketing Services Provider*
=not *Hotel* Marketers
=not *Restaurant* Marketers
=not *Advertising* Marketer
=not *Event Manager*
=not *Market Researcher*.
■■■■■■■■■■■■■■■■
■■■■■■■■■■■■■■■■
*this Club for Only Marketers*
Very Soon we will have
*Business Leaders Club*
For Sales Managers & Directors
Will be Not for Markters
●●●●●●●●●●●●●●●●●●●●
■ *Only Marketers* ■
*& EPS Marketing Diploma*
●●●●●●●●●●●●●●●●●●●●
Confirm coming by Pvt WhatsApp
*To know the new Location*
*#Mahmoud_Bahgat*
00966568654916
*#Marketing_Club*
http://goo.gl/forms/RfskGzDslP
*اشترك بصفحة جمعية الصيادلة المصريين* عالفيسبوك
https://lnkd.in/fucnv_5
■ *Bahgat Facbook Page*
https://lnkd.in/fVAdubA
■ *Bahgat Linkedin*
https://lnkd.in/fvDQXuG
■ *Bahgat Twitter*
https://lnkd.in/fmNC72T
■ *Bahgat YouTube Channel*
https://www.Youtube.com /mahmoud bahgat
■ *Bahgat Instagram*
https://lnkd.in/fmWPXrY
■ *Bahgat SnapChat*
https://lnkd.in/f6GR-mR
*#Mahmoud_Bahgat*
*#Legendary_ADLAND*
www.TheLegendary.info
Did you know that most innovators developed their concepts in their 20s? There’s a reason for that. They were able to successfully access their greatest app – a different part of their mind – on demand.
Our colleague, Bill Donius, was recently chosen to highlight a proven facilitation process to break through established habits and routines at a TED Talk.
This approach, based on a Nobel prize winning discovery, has now been applied to business. Using such will ensure you get truly different points of view, even among large groups, through your most powerful app – your mind. This is the essence of “thinking outside the box.”
You can use our techniques, based on 50 years of scientific research, to organize your teams to address key business challenges, including strategic planning, marketing and brand strategy and customer experience management.
Experience Management for Referring Physicians - WHPRMS ConferenceEndeavor Management
A recent presentation at the WHPRMS Conference on how you can step into the physicians shoes and design an engaging experience to increase referrals and grow advocacy.
UC Irvine has implemented a “hub-and-spoke” system of OCW distribution. Search engine optimization is partially accomplished through a network of websites that link back to the original OCW course hosted at UCI. In this webinar, Larry Cooperman, Director of University of California’s OpenCourseWare project will describe this architecture and some surprising results in terms of visibility. The webinar will also briefly review UCI’s model for OCW sustainability.
In this recent article in The Licensing Journal, Pete Canalichio spells out why companies have brands, why brands choose to license and what it takes to make a brand licensing deal work to its potential.
Trademarks, copyrights, and patents are important elements of your business. Without protecting them, you may lose your business, your ideas may be stolen, or your products may be copied. This booklet provides useful basic information about trademarks, copyrights, and patents, and can serve as a good foundation for further discussions with your intellectual property lawyer.
If you want to switch to our electronic shelf tags, our ESL experts are always available to discuss our products and services' capabilities.
Contact us today to know how our ESL solutions can cater to your business needs.
The way you design your packaging is just as important as the product itself. So, we’re going to discuss four reasons why your packaging design is critical to your product’s success.
Physician schedule optimization model - Endeavor AnalyticsEndeavor Management
How can you meet organizational revenue needs while addressing physician preferences? In this presentation, we review our approach to creating an physician schedule optimization model that assembles and predicts the impact of schedule changes on patient revenue against a series of constraints and variables.
It's like a dating site to match physicians and consumers.
In this presentation, our approach to patient volume modeling is reviewed. This model is used for marketing and operations strategic decision making.
As hospitals and healthcare systems are trying to increase commercial revenue (non-government funded) to sustainable profitability, many are unable to address this problem strategically due to data dispersion and the analytical model required to establish cause and effect relationships. Endeavor Analytics’ digital tool assembles, models and predicts the impact of market changes, marketing and operational activities on all-payer patient volumes.
In this white paper, we review the critical success factors for maintaining a highly successful contact center, ensuring each interaction enchants callers to schedule appointments, participate in fund raising events and refer patients.
Avoid PRM failures by avoiding ensuring it's not simply a repository for documenting simple tasks. PRM failures occur when the IT solutions only serves to document activities instead of serving to streamline the physician experience.
2017 digital engagement webinar marketing360 - gelb consultingEndeavor Management
This presentation highlights things every healthcare marketer should know about how to measure healthcare marketing ROI, how to design a healthcare marketing dashboard the right way, and what’s possible in today’s digital age.
Managing a trusted brand in the oil & gas industry requires a variety of tools for understanding and successful implementation. This document outlines various Endeavor Management capabilities such as Brand Trust Measurement, Message Mapping, Sales Training and Culture Design.
Client's experiences with behavioral health services are shaped by all of their interactions with us, across the continuum of care. While we can assume what our clients want, need and experience in receiving services from us, it is valuable to use their direct feedback to understand their functional (what we do) and emotional (how we do it) needs throughout their experience. In this webinar conducted with Sovereign Health, we discuss the foundations of customer experience management, provide examples of tools and resources that you can use to understand client's experiences and address opportunities for improvement, and discuss a variety of implications in behavioral health settings.
How do you operationalize a culture and strengthen employee trust? Gelb's experience mapping frameworks can be used to effectively examine the holistic employee experience and create advocates out of your teams!
Ever had this nagging feeling you just weren't sure why a physician referred his or her patients to a competitor over you? You have the advanced technology, latest clinical trials, and maybe even a top-notch team of liaisons. Outside of insurance, there are many other functional and emotional factors affecting physician referral behaviors. Most of these can be indicated by leakage reports, but these don't explain the WHY behind them.
In this presentation, given with St. Jude Children's Research Hospital, we explore the combined use of experience map and decision factors research to get at the heart of the issue...which ultimately drives clinical volume.
How to apply speed dating techniques to persona developmentEndeavor Management
We had the privilege of leading this workshop recently along with SG2 and Roswell Park during the Annual PAMN Conference. This presentation outlines the importance and application of segments and templates you can use to accelerate your customer insight development. Personas are used to inform strategic decisions by putting the customer in the room. Learn how this technique can be used for your initiatives related to brand/marketing management, customer experience, and product/service innovation.
Strategic imperative digital transformation in capital projectsEndeavor Management
Radical changes to megaproject delivery will bring first adopters a distinct competitive edge, while writing the epitaph of those who stay stuck in legacy ineffective practices. Whether you are an operating asset owner or an EPC, you are confronted with reinventing the core of your capital projects delivery through digital solutions. Such strategic transformation requires holistic change that focuses not only on installation of a new software application, but also on people and work processes to achieve a sustained, culturally intrinsic result from new technology .
2017 Physician Strategies Webinar Series - Physician Relations StructureEndeavor Management
Acquire insight into how to develop a more strategic and operational approach that can grow your organization’s physician referral base in a continually evolving accountable care environment.
This white paper discusses physicians’ medical training and its relationship to effective leadership qualities, and demonstrates how the soft skills associated with emotional intelligence are essential in guiding physicians in the practice of leadership.
Why is physician engagement strategically important? How can you design a strategy that is laser-focused on increasing clinical demand by ensuring your medical staff is aligned?
This presentation highlights key data, a framework for focusing your efforts with an aim statement and developing a programmatic approach to physician engagement.
Why is physician engagement strategically important? How can you design a strategy that is laser-focused on increasing clinical demand by ensuring your medical staff is aligned?
This presentation highlights key data, a framework for focusing your efforts with an aim statement and developing a programmatic approach to physician engagement.
Traditionally development of digital tools was solely an IT initiative, but today it is a customer-needs driven initiative. Digital experiences are often times the first impression that potential customers have of you, and the first tools they turn to when they have questions or needs throughout their journey.
Best practices for developing digital tools exist, and it is common to partner with an advertising or web development agency for this purpose. However, each market and healthcare brand are unique, necessitating the inclusion of voice of the customer insight to ensure that digital tools are being built around the real (not just assumed) needs and priorities of users. So how can marketing and digital teams engage users in order to develop the digital strategy and deliver the ideal digital experience? In this paper, we present a proven process and research-based tools for obtaining direct user feedback about digital needs, preferences, and priorities.
Hiring an experienced, trusted advisor can be the difference between success and failure. That’s why the members of our Healthcare Expert Advisory Group have been there, done that.
Our Healthcare Expert Advisory Group members have served as system leaders, successfully designing and implementing strategic solutions to healthcare’s ever-changing challenges. We’ve been in your shoes and understand the intricacies of the most complex organizations. Our team has overseen, from the inside, how strategy is designed and successfully implemented. Whether you’re looking for operational excellence, strategic planning, financial strategy, or leadership development, our experts have the experience and expertise to help you achieve results.
Physicians are rapidly adopting social media tools such as Twitter and LinkedIn as part of their approach to keeping up to date with the latest developments in healthcare. As the use of these digital tools becomes increasingly commonplace and mobile apps gain acceptance for supporting healthcare interactions, the physician liaison team can leverage digital tools and social media to improve the efficiency and effectiveness of the delivery of information. Digital tools can serve as a pathway to providing easier and more direct access to information and tools that help to strengthen relationships with referring doctors and their practice staff.
In this paper, we present a best practices from around the country in using digital tools to connect with referring physicians. When used appropriately, digital tools can configured and applied to improve relationships, grow referral volumes, and increase the efficiency and effectiveness of your physician liaisons.
Personal Brand Statement:
As an Army veteran dedicated to lifelong learning, I bring a disciplined, strategic mindset to my pursuits. I am constantly expanding my knowledge to innovate and lead effectively. My journey is driven by a commitment to excellence, and to make a meaningful impact in the world.
"𝑩𝑬𝑮𝑼𝑵 𝑾𝑰𝑻𝑯 𝑻𝑱 𝑰𝑺 𝑯𝑨𝑳𝑭 𝑫𝑶𝑵𝑬"
𝐓𝐉 𝐂𝐨𝐦𝐬 (𝐓𝐉 𝐂𝐨𝐦𝐦𝐮𝐧𝐢𝐜𝐚𝐭𝐢𝐨𝐧𝐬) is a professional event agency that includes experts in the event-organizing market in Vietnam, Korea, and ASEAN countries. We provide unlimited types of events from Music concerts, Fan meetings, and Culture festivals to Corporate events, Internal company events, Golf tournaments, MICE events, and Exhibitions.
𝐓𝐉 𝐂𝐨𝐦𝐬 provides unlimited package services including such as Event organizing, Event planning, Event production, Manpower, PR marketing, Design 2D/3D, VIP protocols, Interpreter agency, etc.
Sports events - Golf competitions/billiards competitions/company sports events: dynamic and challenging
⭐ 𝐅𝐞𝐚𝐭𝐮𝐫𝐞𝐝 𝐩𝐫𝐨𝐣𝐞𝐜𝐭𝐬:
➢ 2024 BAEKHYUN [Lonsdaleite] IN HO CHI MINH
➢ SUPER JUNIOR-L.S.S. THE SHOW : Th3ee Guys in HO CHI MINH
➢FreenBecky 1st Fan Meeting in Vietnam
➢CHILDREN ART EXHIBITION 2024: BEYOND BARRIERS
➢ WOW K-Music Festival 2023
➢ Winner [CROSS] Tour in HCM
➢ Super Show 9 in HCM with Super Junior
➢ HCMC - Gyeongsangbuk-do Culture and Tourism Festival
➢ Korean Vietnam Partnership - Fair with LG
➢ Korean President visits Samsung Electronics R&D Center
➢ Vietnam Food Expo with Lotte Wellfood
"𝐄𝐯𝐞𝐫𝐲 𝐞𝐯𝐞𝐧𝐭 𝐢𝐬 𝐚 𝐬𝐭𝐨𝐫𝐲, 𝐚 𝐬𝐩𝐞𝐜𝐢𝐚𝐥 𝐣𝐨𝐮𝐫𝐧𝐞𝐲. 𝐖𝐞 𝐚𝐥𝐰𝐚𝐲𝐬 𝐛𝐞𝐥𝐢𝐞𝐯𝐞 𝐭𝐡𝐚𝐭 𝐬𝐡𝐨𝐫𝐭𝐥𝐲 𝐲𝐨𝐮 𝐰𝐢𝐥𝐥 𝐛𝐞 𝐚 𝐩𝐚𝐫𝐭 𝐨𝐟 𝐨𝐮𝐫 𝐬𝐭𝐨𝐫𝐢𝐞𝐬."
RMD24 | Retail media: hoe zet je dit in als je geen AH of Unilever bent? Heid...BBPMedia1
Grote partijen zijn al een tijdje onderweg met retail media. Ondertussen worden in dit domein ook de kansen zichtbaar voor andere spelers in de markt. Maar met die kansen ontstaan ook vragen: Zelf retail media worden of erop adverteren? In welke fase van de funnel past het en hoe integreer je het in een mediaplan? Wat is nu precies het verschil met marketplaces en Programmatic ads? In dit half uur beslechten we de dilemma's en krijg je antwoorden op wanneer het voor jou tijd is om de volgende stap te zetten.
Explore our most comprehensive guide on lookback analysis at SafePaaS, covering access governance and how it can transform modern ERP audits. Browse now!
RMD24 | Debunking the non-endemic revenue myth Marvin Vacquier Droop | First ...BBPMedia1
Marvin neemt je in deze presentatie mee in de voordelen van non-endemic advertising op retail media netwerken. Hij brengt ook de uitdagingen in beeld die de markt op dit moment heeft op het gebied van retail media voor niet-leveranciers.
Retail media wordt gezien als het nieuwe advertising-medium en ook mediabureaus richten massaal retail media-afdelingen op. Merken die niet in de betreffende winkel liggen staan ook nog niet in de rij om op de retail media netwerken te adverteren. Marvin belicht de uitdagingen die er zijn om echt aansluiting te vinden op die markt van non-endemic advertising.
As a business owner in Delaware, staying on top of your tax obligations is paramount, especially with the annual deadline for Delaware Franchise Tax looming on March 1. One such obligation is the annual Delaware Franchise Tax, which serves as a crucial requirement for maintaining your company’s legal standing within the state. While the prospect of handling tax matters may seem daunting, rest assured that the process can be straightforward with the right guidance. In this comprehensive guide, we’ll walk you through the steps of filing your Delaware Franchise Tax and provide insights to help you navigate the process effectively.
Business Valuation Principles for EntrepreneursBen Wann
This insightful presentation is designed to equip entrepreneurs with the essential knowledge and tools needed to accurately value their businesses. Understanding business valuation is crucial for making informed decisions, whether you're seeking investment, planning to sell, or simply want to gauge your company's worth.
India Orthopedic Devices Market: Unlocking Growth Secrets, Trends and Develop...Kumar Satyam
According to TechSci Research report, “India Orthopedic Devices Market -Industry Size, Share, Trends, Competition Forecast & Opportunities, 2030”, the India Orthopedic Devices Market stood at USD 1,280.54 Million in 2024 and is anticipated to grow with a CAGR of 7.84% in the forecast period, 2026-2030F. The India Orthopedic Devices Market is being driven by several factors. The most prominent ones include an increase in the elderly population, who are more prone to orthopedic conditions such as osteoporosis and arthritis. Moreover, the rise in sports injuries and road accidents are also contributing to the demand for orthopedic devices. Advances in technology and the introduction of innovative implants and prosthetics have further propelled the market growth. Additionally, government initiatives aimed at improving healthcare infrastructure and the increasing prevalence of lifestyle diseases have led to an upward trend in orthopedic surgeries, thereby fueling the market demand for these devices.
Skye Residences | Extended Stay Residences Near Toronto Airportmarketingjdass
Experience unparalleled EXTENDED STAY and comfort at Skye Residences located just minutes from Toronto Airport. Discover sophisticated accommodations tailored for discerning travelers.
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Improving profitability for small businessBen Wann
In this comprehensive presentation, we will explore strategies and practical tips for enhancing profitability in small businesses. Tailored to meet the unique challenges faced by small enterprises, this session covers various aspects that directly impact the bottom line. Attendees will learn how to optimize operational efficiency, manage expenses, and increase revenue through innovative marketing and customer engagement techniques.
Taurus Zodiac Sign_ Personality Traits and Sign Dates.pptxmy Pandit
Explore the world of the Taurus zodiac sign. Learn about their stability, determination, and appreciation for beauty. Discover how Taureans' grounded nature and hardworking mindset define their unique personality.
3.0 Project 2_ Developing My Brand Identity Kit.pptxtanyjahb
A personal brand exploration presentation summarizes an individual's unique qualities and goals, covering strengths, values, passions, and target audience. It helps individuals understand what makes them stand out, their desired image, and how they aim to achieve it.
3.0 Project 2_ Developing My Brand Identity Kit.pptx
Appearaces are Deceiving
1. When Appearances Are Deceiving
Gelb Consulting Group, Inc.
1011 Highway 6 South P + 281.759.3600
Suite 120 F + 281.759.3607
Houston, Texas 77077 www.gelbconsulting.com
2. When Appearances Are Deceiving
Product and packaging designs can be easily copied. Here’s how companies can protect
themselves.
Imitations may be a form of flattery, but when it involves the look and feel of a product or
package – a concept known as trade dress – the repercussions can be serious.
Imagine, for instance, the confusion that consumers would feel if a computer brand other than
Gateway was distributed in a black-and-white cow-spotted box or if any fast-food chain other
than McDonald’s Inc. displayed golden arches.
The problem is that many businesses don’t understand how easily the appearance of products
and packaging can be legally copied, so they fail to develop and protect trade dress as they do
other trademarks.
Sowing further confusion is the fact that the scope of legally protectable trade dress has
narrowed in some respects and grown in others in recent years. The Supreme Court in 2000
gave companies more leeway to imitate product design as long as buyers don’t associate “the
look” with only the original brand. At the same time, more elements may now qualify as
protectable trade dress, including colors and sounds.
So how can companies make the most of trade dress, while reducing their vulnerability to
imitation? We advise laying the groundwork early, well before imitation occurs.
Companies should start by devising a distinctive design for their product, service or package.
They should apply to register that trade dress with the U.S. Patent and Trademark Office, and
then quickly advertise the link between “the look” and the brand to establish the
distinctiveness needed to complete the registration. They should then test the power of that
link in the minds of buyers with the type of survey research recognized by the courts.
We have found, as expert witnesses in more than two dozen trade-dress cases, that
preparation of this kind helps companies more easily defend their valuable intellectual
property – whether it is the design on the instep of a cowboy boot, the layout of a golf-course
hole or the color of residential insulation. Here’s a closer look at t how companies should
establish themselves early to limit their exposure to copycats.
Style Matters
Managers should start thinking about trade-dress protection in the product-development stage
because the more unique the look of a product or package, the more likely buyers are to
associate it with a single brand.
Only potential buyers can answer whether a product or package is visually distinct. If a new
product is being tested, buyers may not yet be able to identify the look with the source, but it
would be wise to make sure they don’t associate the look with any other product or package on
the market.
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3. When Appearances Are Deceiving
After finding a style that stands out, companies can protect the look in the same way they
protect a brand name and logo: by using it in commerce and acquiring distinctiveness for it; a
requirement for its regulation as a trademark by the U.S. Patent and Trademark Office.
To qualify as a trademark, visual elements must be ornamental, not functional, meaning they
are separate from the actual working of a product or package, Coca-Cola Co.’s hourglass bottle
falls under the scope of protectable trade dress because it involves a non-functional design and
shape. But when Coke puts its products in a case that is the same size and shape as the one
used by all other cola makers, the can isn’t protectable trade dress; it is functional.
Registering trade dress with the Patent and Trademark Office isn’t a requirement for filming
suit against copy-cats, so many companies wait until they are threatened by imitators before
filing an application. This is a mistake. What they lose by failing to register trade dress early on
is the advantage of putting on record the judgment of the Patent and Trademark Office that
their trade dress is distinctive.
Defining Distinctiveness
Distinctiveness can be either inherent or acquired and is the key to claiming that visual
elements have what is known as “secondary meaning” – that they are perceived by a significant
portion of the buying public as coming from one brand, not more than one.
Inherent distinctiveness refers to a design, shape or color that is so unusual when it is
introduced that it becomes, according to the courts, immediately or inherently distinctive. In a
landmark case in 1992, the U.S. Supreme Court ruled that the interior design of Taco Cabana, a
Mexican casual restaurant, was so unusual, it was inherently distinctive. Among the design
features that made the interior unique: the menu board and double garage doors leading to the
patio.
Acquired distinctiveness is different and much more common. It means that because of
advertising, publicity, trade-show displays, or some combination of those, buyers now
associate a look with only one brand. If such association is demonstrated – by surveying
consumers, for example – then that look has secondary meaning.
The Supreme Court ruled in Wal-Mart v. Samara Brothers in 2000 that inherent distinctiveness
cannot apply to the look of a product itself. Consequently, visual elements identifying products
must be tested over time in the marketplace to determine whether consumers associate them
with a single source. But even for packaging, which has been broadly interpreted to include
restaurant design, it is wise for brands to meet this test of secondary meaning to successfully
claim buyer confusion when trade dress is copied.
The lesson for managers: Spend early and heavily on advertising to link visual elements to
your product, service or packaging, and document the amount spent. Trade dress may be only
as good as the holder’s willingness to promote its association with one and only one brand.
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4. When Appearances Are Deceiving
United Parcel Service Inc. and AstraZeneca PLC are two companies that understand this
necessity. UPS’s “What Can Brown Do for You?” advertising slogan trumpets the package-
delivery company’s identification with the color brown. Similarly, AstraZeneca uses the term
“the Purple Pill” in advertising for its heartburn medication Nexium and has registered the
color as trade dress at the U.S. Patent and Trademark Office.
The high court ruling in 2000, that Wal-Mart Stores Inc.’s imitation of a dress design was legal
as long as the look of the item wasn’t associated in buyers’ minds with its original source,
means that a company that copies a design element quickly, before the originator has time to
link that design to its own brand, could pose a serious threat. The imitator could prevail in
court if its marketing efforts have led buyers to associate the design with its brand before the
originating company has had a chance to do so.
Querying Consumers
Survey research can be employed to determine whether any visual element, whether
registered with the Patent and Trademark Office or not, communicates to a set of buyers the
single source of an unlabeled product. Courts evaluate survey methods for objectivity.
Let’s use the hourglass Coke bottle to illustrate a research approach that the courts might find
compelling. The trademarked name “Coca-Cola” is one way to distinguish the brand, as is the
logo, or the way that name is written on every Coke container. If no distinctiveness is added by
the shape of an eight-ounce bottle – if consumers don’t believe that the bottle comes from only
one source and thereby tells them even absent a logo or name that it contains Coca-Cola – it
has no trade dress that can be defended.
But suppose survey research is conducted by an independent research, and actual or potential
cola consumers see three bottles, all unlabeled – a Coke bottle and two control bottles that are
generally similar to it but differ in the one aspect that is in contention, in this case, shape. The
order in which they are shown to research participants is randomly rotated. The consumers
are asked about each separately: “Does this bottle come from only one source, or could it come
from more than one source?” Seeing the Coke bottle, suppose 80% of consumers say “one
source.” That same answer is given by 8% for one of the control bottles and by 2% for the
other. In each case, the next question is: “What is the name of that one source?” Then they are
asked “Why do you say that” to establish that respondents are basing their answers on visual
elements, not guesswork or whim. Now a marketer has evidence to preclude imitation: The
bottle has secondary meaning.
If the bottle is imitated by another company, survey research can be used to show the extent of
buyer confusion. In one approach, soft-drink buyers will see a Coke bottle, a second bottle (that
of the imitator) and a third bottle, as a control. They will be asked whether any two of these
bottle come from the same company, or two companies that are affiliated. If they say two of the
bottles come from the same company, they will be asked which two, and why they say so.
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5. When Appearances Are Deceiving
Given the likelihood that survey research among buyers and potential buyers will be key to
demonstrating secondary meaning, and that secondary meaning will be key to demonstrating
confusion, it makes sense for a company to undertake research of this kind before imitation
occurs. Too many companies assume that buyers associate a look with their brand alone, and
find out only in preparation for a lawsuit that buyers are far more casual than they realized
about linking a given visual element with a given brand. If the company finds that a visual
element for which it wants to claim exclusivity isn’t associated with its brand alone by a
significant portion of the buying public, it has several options. It may try to confer secondary
meaning via more marketing, or it may consider adding – and promoting – some other element
to set the brand apart.
Keep in mind that potential imitators may be conducting surveys of their own. If they discover
that customers don’t associate a look with a single source, they may be encouraged to adopt a
similar design or package.
About the Authors
Gabriel M. Gelb is senior consultant at Gelb Consulting Group Inc., a 39-year-old research firm
headquartered in Houston. He may be reached at ggelb@gelbconsulting.com.
Betsy Gelb is professor of marketing and entrepreneurship at the University of Houston. She
may be reached at gelb@uh.edu.
Reprinted with permission from The Wall Street Journal, Gabriel M. Gelb and Betsy D. Gelb,
December 1-2, 2007.
About Gelb
Felling pressure to increase volume and grow revenues? Gelb Consulting Group, Inc. is a
strategic marketing firm that merges analysis, strategy and technology to help clients build and
sustain revenue growth.
Gelb is here to help you understand the complexities of your market to develop and implement
the right strategies. We use advanced research techniques to understand your market,
strategic decision frameworks to determine the best deployment of your resources, and
technology to monitor your successes.
For over 40 years, we have worked with marketing leaders on:
• Strategic Marketing
• Brand Building
• Customer Experience Management
• Go to Market
• Product Innovation
• Trademark/Trade Dress Protection
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