1. Marketing Management Advertising Paul Dishman, Ph.D. Department of Business Management Marriott School of Management Brigham Young University Lecture 19

2. Paul Dishman, Ph.D. Marketing Management Paul Dishman, Ph.D. Stimulating Demand Primary Selective

3. Paul Dishman, Ph.D. Marketing Management Paul Dishman, Ph.D. Message Appeals Humor Sex –Overt –Romantic Fear Ego/Prestige Moral Rational

4. Paul Dishman, Ph.D. Marketing Management Paul Dishman, Ph.D. Strategies Brand Image Positioning USP (Unique Selling Proposition) Resonance (Projective) Affective (emotional)

5. Paul Dishman, Ph.D. Marketing Management Paul Dishman, Ph.D. Do you know these logos? 1.

6. Paul Dishman, Ph.D. Marketing Management Paul Dishman, Ph.D. Definitions Logo Symbol Trademark Service Mark

7. Paul Dishman, Ph.D. Marketing Management Paul Dishman, Ph.D. The importance of trademark law continues to grow domestically and internationally Use of trademarks: can build brand loyalty enhance recognition of your product enhance reputation and make repeat sales

8. Paul Dishman, Ph.D. Marketing Management Paul Dishman, Ph.D. A trademark is a distinctive : »word »symbol »sound »smell »logo »or other graphic

9. Paul Dishman, Ph.D. Marketing Management Paul Dishman, Ph.D. Background First federal trademark law - 1870 Declared unconstitutional - 1878 International Trademark Assoc. - 1878 Trademark Act of 1881- 1881 Trademark Act of 1905- 1905 Trademark Act of 1920- 1920 Lantham Act of 1946- 1946 Trademark Law Revision Act- 1988

10. Paul Dishman, Ph.D. Marketing Management Paul Dishman, Ph.D. Function of Trademarks The primary function of trademarks is to indicate origin Serve to guarantee quality of goods and services Serve to create and maintain demand

11. Paul Dishman, Ph.D. Marketing Management Paul Dishman, Ph.D. Choosing a Trademark The goal is to find a word, symbol or design or a combination of these which is not purely descriptive Must be sufficiently distinctive Must not be deceptive Should be established before resources are spent developing promotion materials

12. Paul Dishman, Ph.D. Marketing Management Paul Dishman, Ph.D.

13. Marketing Management Paul Dishman, Ph.D. Trademark Searches A search is an investigation to discover potential conflicts Internet Many professional services available Attorneys U.S. Patent and Trademark Office publications

14. Paul Dishman, Ph.D. Marketing Management Paul Dishman, Ph.D. Proper Use of Trademarks Must be used properly to maintain rights A mark that becomes the generic name is no longer treated as a trademark Examples: aspirin nylon cellophane refrigerator

15. Paul Dishman, Ph.D. Marketing Management Paul Dishman, Ph.D. Proper Use of Marks Use the generic name with the trademark Always use the trademark as an adjective, not as a noun Give the trademark distinctive treatment Label your trademark (TM® or SM) Consider using the trademark on a number of products

16. Paul Dishman, Ph.D. Marketing Management Paul Dishman, Ph.D. Trademark Registration A trademark must be in use in interstate commerce Can file for registration with an intent to use but the mark cannot be registered until actual use has occurred Registered with the U.S. Patent and Trademark Office

17. Paul Dishman, Ph.D. Marketing Management Paul Dishman, Ph.D. Foreign Registration If significant foreign marketing is anticipated, register in the applicable countries Trademark law differs considerably in other countries In most countries, trademark rights are granted to the first person that files for registration In some countries “warehousing” is practiced

18. Paul Dishman, Ph.D. Marketing Management Paul Dishman, Ph.D. Examples of Application of the Law Abercrombie & Fitch vs. Hunting World Inc. 1970 A&F sued Hunting World for infringement of its registered trademark “Safari” A&F had ten federal registrations Result: “Safari” is merely descriptive Cancellation of all ten federal registrations

19. Paul Dishman, Ph.D. Marketing Management Paul Dishman, Ph.D. AMF Inc. vs Sleekcraft Boats 1979 AMF marketed boats under the name “Slickcraft” In 1968, Nescher Boats adopted “Sleekcraft” for its high performance boats Result: The court found that Nescher boats had not infringed. Different markets was a primary factor

20. Paul Dishman, Ph.D. Marketing Management Paul Dishman, Ph.D. Hormel Foods vs. Jim Henson Productions - 1995 Hormel Foods sued Henson production for trademark infringement with the introduction of a character in a Muppet Movie - “Spa’am” - a wild boar Result: Henson production found not infringing. No chance for confusion of products

21. Paul Dishman, Ph.D. Marketing Management Paul Dishman, Ph.D. Recovery For Violation of Rights If a violation is established, the plaintiff shall be entitled to recover: Defendants profits Any damages sustained by the plaintiff The costs of the legal action

22. Paul Dishman, Ph.D. Marketing Management Paul Dishman, Ph.D. Considerations in Marketing Designing products and services –Customers are loyal to brands Marketing information systems –Intelligence Marketing Research –Information needs Global Marketing –The countries laws Marketing ethics

23. Paul Dishman, Ph.D. Marketing Management Paul Dishman, Ph.D. Conclusions Incorporate considerations of trademarks in the marketing process Conduct thorough searches for conflicting trademarks early File for registration of trademarks early Maintain a good system for records Avoid infringement - It can be costly