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Marketing Management
Advertising
Paul Dishman, Ph.D.Department of Business Management
Marriott School of Management
Brigham Young University
Lecture 19
Paul Dishman, Ph.D.
Marketing Management
Paul Dishman, Ph.D.
Stimulating Demand
• Primary
• Selective
Paul Dishman, Ph.D.
Marketing Management
Paul Dishman, Ph.D.
Message Appeals
• Humor• Sex
– Overt– Romantic
• Fear• Ego/Prestige• Moral• Rational
Paul Dishman, Ph.D.
Marketing Management
Paul Dishman, Ph.D.
Strategies
• Brand Image• Positioning• USP (Unique Selling Proposition)• Resonance (Projective)• Affective (emotional)
Paul Dishman, Ph.D.
Marketing Management
Paul Dishman, Ph.D.
Do you know these logos?
1.
Paul Dishman, Ph.D.
Marketing Management
Paul Dishman, Ph.D.
Definitions
• Logo
• Symbol
• Trademark
• Service Mark
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
Paul Dishman, Ph.D.
Marketing Management
Paul Dishman, Ph.D.
A trademark is a distinctive :
»word»symbol
»sound
»smell
»logo
»or other graphic
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
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
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
Paul Dishman, Ph.D.
Marketing Management
Paul Dishman, Ph.D.
Paul Dishman, Ph.D.
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
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
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
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
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
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
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
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
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
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
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
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