WILLIAM SCOTT GOLDMAN

One common misconception among even practitioners and jurists is that trademarks and brands are synonymous. Albeit an over-simplification, perhaps: not all trademarks are brands, but most brands are trademarks. Brands are essential to the consumer experience, and protectable slogans, names, logos are just component parts or subsets of the whole, amplified through marketing, creating an evolution from brands to branding.

Given the critical importance of branding in the modern global economy, the study of Branding Law as a separate discipline requiring an integrated approach is long overdue. Subdivided into two distinct categories, corporate branding relies extensively on intellectual property regimes and trade regulation, while personal branding is grounded in economic and dignitary interest tort law. Naturally, trademark law is critical to corporate branding as names, logos, slogans and even product design/packaging are all relevant.

Traditionally relying on intellectual property lawyers for their legal counsel, brand managers often receive myopic advice. As such, branding lawyers are much better able to understand the strategy necessary for maximizing protection. For instance, an intellectual property attorney applying for utility patent protection could later preempt successful trade dress registration by inadvertently establishing functionality. Likewise, protection of names, logos, slogans and other branding indicia can be maximized by avoiding several common pitfalls.