Franklin, Dawn --- "Why is it Better to Brand so as not to Rely on Third Party Use?" [2006] ELECD 247; in Phillips, Jeremy (ed), "Trade Marks at the Limit" (Edward Elgar Publishing, 2006)

Book Title: Trade Marks at the Limit

Editor(s): Phillips, Jeremy

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845427382

Section: Chapter 19

Section Title: Why is it Better to Brand so as not to Rely on Third Party Use?

Author(s): Franklin, Dawn

Number of pages: 7

Extract:

19. Why is it better to brand so as not to
rely on third party use?
Dawn Franklin
Previous chapters have explored how third parties may lawfully use a trade mark
without authorisation. This may encourage us to assume that riding on estab-
lished brands is an acceptable and reasonable business strategy and that, as long
as the third party manages to avoid the most blatant forms of infringement that
would result in certain legal action, `all's fair in love, war and commerce'.
This chapter challenges that assumption and suggests that such an approach
not only damages the brand owner but also works to the detriment of the
consumer, of the economy and society and ultimately also of the third party.


CONSUMERS
Although we commonly refer to companies as brand owners because they are
the legal owners of the trade marks and hold the value of the brands as
company assets, it is important to recognise that brands actually belong to their
consumers, who hold the ultimate power of determining whether the brand
thrives or dies. Jeremy Bullmore of WPP has stated that `[brand] users will be
totally and brutally unforgiving'.1 CORONA soft drinks, KENNOMEAT dog
food, RAWLINGS squashes, PEPSODENT toothpaste and RINSO washing
powder, are some examples of once-popular and familiar United Kingdom
brands that, having lost favour with consumers, have long since disappeared.
Brands that thrive and build a relationship of trust with their consumers
carry a responsibility to provide consistent value and quality to ...