A2 Protecting the Brand
Unit 28: Branding
Intellectual property refers to any creation of the mind such as inventions, images, names and symbols. In business, heavy investment is made into intellectual property to create products, processes and brand perceptions in order to create unique branding and products to stand out from competition. Intellectual property can be legally protected through a range of methods including trademark registration, copyright and patent registration
Intellectual property infringement is the use of copyrighted, trademark protected or patented material without the permission of the owner. In these cases, the copyright owner can sue the individual or organisation who has violated the law for damages or for any profits the infringer has gained through the use of the copyrighted material.
Trademark Registration
A trademark is an easily recognisable symbol, phrase or word that denotes a specific brand. Trademarks allow a customer to distinguish between different brands and products. It is therefore in the interest of a business to prevent rivals from using their trademarks as it makes it more difficult for consumers to differentiate.
Trademarks include;
Brand names such as Coca-Cola, Sony, Lego and Addidas.
Logos such as McDonalds’ golden arches, Instagram’s camera, the Starbucks siren and the Nike swoosh.
Slogans such as “Let’s Go Places” (Toyota), “Because You’re Worth It” (L’Oreal), “Ideas for Life” (Panasonic) and “Every Little Helps” (Tesco).
Copyright
Copyright is the legal protection of original creative works including books, films, song lyrics, music and paintings. In business, creative works may include software codes for applications, websites and databases, business plans, financial reports, user manuals and letter content.
Copyright owners can control how their work is reproduced, distributed and presented publicly. In order to copyright an idea, it must be in a fixed, tangible form such as in writing, a sound recording or an image. Copyright owners can allow third parties to use their material either for free or for a price.
Copyright infringement is the use of copyrighted material without permission.
Patent Registration
Patents protect inventions and designs by granting the exclusive rights of the inventor or designed to manufacture, use or sell the invention for a set number of years. In order to obtain a patent, the invention must be disclosed to the public through a patent application.
A patent owner may grant third parties permission to use inventions and designs by issuing a patent license. Patent protection varies from country to country and typically lasts around 20 years. After this time, anybody can use inventions and designs without permission.
Famous patent lawsuits include;
Moderna’s lawsuit against Pfizer for using patented mRNA technology in covid vaccines.
Sonos lawsuit against Google for use of technology in smart speakers.
Nike’s lawsuit against Lululemon for use of flyknit design in sneakers.