LAW PUNDIT Wednesday, November 24, 2004 11/24/2004 04:39:00 PM [Home]
Trademarks, Brands, Law and Reality
Trademarks, Brands, Law and Reality
Wendy Seltzer at Legal Tags, The Blog in her posting "Trademark Law Gone Bad" refers to some excellent discussion on trademarks, brands, law and the real world at James Surowiecki's "The Decline of Brands" and BoingBoing.
Surowiecki's main thesis is that trademarks and brands have historically provided a protective shield for companies, a legal protection whose power is disappearing:
"That sense of protection is eroding in industry after industry, and instead of a consumer economy in which success is determined in large part by name, it's now being determined by performance. The aristocracy of brand is dead. Long live the meritocracy of product."
The LawPundit does not doubt that some of what Surowiecki writes is true, but the power of trademarks and brands is still substantial, otherwise the world would already be in economic chaos with pure product quality deciding retail purchase decisions. The fact is that vast masses of humanity cling to the idea that "Nomen is Omen" (The Name Speaks for Itself, The Name Says it All). Just look at what the younger generations wear.
In any case, should you disbelieve this, just answer the following questions:
NAME one example of each of the following:
A Direct Computer Seller -
A Computer Operating System -
One Internet Browser -
A Software Manufacturer -
A Hardware Manufacturer -
One Blog Hoster -
Blog Software -
The odds that any of your answers are "no-names" is very small. Brands still rule the roost, although of course there can also be fairly rapid fluctuation or displacement among old and new coming brands. But all things still must have a name - and that name is important, because the name affiliated with any product accumulates "good will" as an asset.
Just look at the blog and domain name scene and at your own bookmarks or links.
Permalink : Andis Kaulins : 11/24/2004 04:39:00 PM
Trademarks, Brands, Law and Reality
Trademarks, Brands, Law and Reality
Wendy Seltzer at Legal Tags, The Blog in her posting "Trademark Law Gone Bad" refers to some excellent discussion on trademarks, brands, law and the real world at James Surowiecki's "The Decline of Brands" and BoingBoing.
Surowiecki's main thesis is that trademarks and brands have historically provided a protective shield for companies, a legal protection whose power is disappearing:
"That sense of protection is eroding in industry after industry, and instead of a consumer economy in which success is determined in large part by name, it's now being determined by performance. The aristocracy of brand is dead. Long live the meritocracy of product."
The LawPundit does not doubt that some of what Surowiecki writes is true, but the power of trademarks and brands is still substantial, otherwise the world would already be in economic chaos with pure product quality deciding retail purchase decisions. The fact is that vast masses of humanity cling to the idea that "Nomen is Omen" (The Name Speaks for Itself, The Name Says it All). Just look at what the younger generations wear.
In any case, should you disbelieve this, just answer the following questions:
NAME one example of each of the following:
A Direct Computer Seller -
A Computer Operating System -
One Internet Browser -
A Software Manufacturer -
A Hardware Manufacturer -
One Blog Hoster -
Blog Software -
The odds that any of your answers are "no-names" is very small. Brands still rule the roost, although of course there can also be fairly rapid fluctuation or displacement among old and new coming brands. But all things still must have a name - and that name is important, because the name affiliated with any product accumulates "good will" as an asset.
Just look at the blog and domain name scene and at your own bookmarks or links.
Permalink : Andis Kaulins : 11/24/2004 04:39:00 PM
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