Petty R. From Marking Products to Marketing Brands. A Legal Perspective...2024

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Petty R. From Marking Products to Marketing Brands. A Legal Perspective...2024

Textbook in PDF format This book examines the historical evolution from marking or branding products for ownership purposes to branding products in order to promote the brand itself. In the extreme, some modern brands so strongly promote their brand image or personality that there is little emphasis on promoting the branded products themselves. Central to this evolution is the development and protection of brand identifiers, such as names, logos, and more, as well as the development of registration and conflict-resolution systems to resolve disputes regarding brand identifier similarities. The author meticulously navigates the historical evolution of brand marketing, elucidating the manner in which this practice has evolved over time. To get a sense of how much brand marketing has grown, he examines advertising expenditures, the scholarly and professional literature, a few case studies, and the growing number of brand identifier registrations and disputes. He examines several legal areas including trademarks, unfair competition, copyrights, design patents and even antitrust law. In modern times, the legal system not only enables brand marketing but sets limits on it as well. The book concludes by examining some modern developments that are testing the limits. Catering to researchers vested in the realms of advertising and marketing history as well as law, this landmark text provides a thorough survey of brand marketing and its regulatory landscape. Introduction: What Is Brand Marketing? Introduction Product Functionality Promotion Compared to Brand Promotion Exclusive Use and Protection Against Imitation Dimensions of Trademark Protection Systems Competition and Trademark Monopolies? Conclusion References Ancient Product Marking: Signs of the Times Introduction Proto-Brands? Case Study: White Rabbit Sewing Needles in China Craftsmen and Merchants and Guilds, Oh My! Guilds and the Law of Commercial Signs References From the Decline of Guilds Through the Eighteenth Century Decline of Guilds Royal Products Challenging Unauthorized Imitations The Eighteenth Century: Fighting Imitation Case Study: Josiah Wedgewood References Nineteenth-Century Demand for Brand Protection Introduction The Emergence of Trademarks U.S. Judicial Recognition of Trademarks Judicial Reluctance to Protect Against Imitation Case Study: Smith Brothers Cough Drops References U.S. Copyright and Design Patent Registration for Trademarks: 1840–1870 Introduction U.S. Copyright Registration for Labels: 1830–1870 Enforcement Against Registered Labels Design Patent Registration Trademarks Registered as Design Patents Starting in 1855 Case Study: The Coca-Cola Bottle References Trademark Registration Introduction Pre-1870 State Registration Efforts Trademark Registration Internationally 1870 U.S. Federal Trademark Registration Statute Enacted Trademark Registration Supersedes Design Patent Registration The 1870 Trademark Statute Declared Unconstitutional U.S. Label and Print Copyright Registration Clarified Case Study: Samson Rope Trademark Registration Strategy References Turn-of-the-Century Brand Marketing and Legal Protection Introduction The U.S. Supreme Court Considers Labels and Prints Brand Image Promotion The Scope of Trademark Protection U.S. Technical Trademarks Case Study: Patent Medicines References Early Twentieth-Century Trademarks and Brands Introduction The Concept of Trademark Advertising The Development of the Brand Concept Consumer Research on Brands Trademark Evolution Case Study: Nabisco References Criticism of Brand Marketing (1920–1946) Background: The Early Consumer Movement Criticism of Brand Marketing Brand Marketing and Price Competition The Consumer Movement Continues Economic Studies of Brand Advertising Case Study: Victory “Brand” Bicycles References The 1946 U.S. Lanham Act: Expanding Trademark Law Enter the Lanham Act Trademark Expansions Trademark Licensing to Third Parties Restricting Trademark Use by Non-Competitors Brand Marketing Literature Brand Managers Case Study: McDonald’s Family of Brands References Challenges to Brand Marketing 1946–1980 Academic Criticism Accurate Information Disclosure Requiring Useful Information Disclosure Brand Enhancing Mergers Brand Exclusion Activities Market-Dominating Trademarks Case Study: Borden–Brand Marketing Legal Champion References Conclusion: Have Brand Marketers Gained Too Much Control? Dilution of Famous Trademarks Domain Names Trademark Misuse Case Study: 1-800 Contacts Lawsuits References Index