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Branding and Advertising the Right Way: Do's, Don'ts, and Legal Issues in Promoting Your Brand

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This session was presented by Lesli Harris, Member at Stone Pigman, Josh Mayer, Chief Creative Officer at Peter Mayer Advertising, and Kirk Coco, Founder & CEO at NOLA Brewing Company. Find

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Page 1: Branding and Advertising the Right Way: Do's, Don'ts, and Legal Issues in Promoting Your Brand
Page 2: Branding and Advertising the Right Way: Do's, Don'ts, and Legal Issues in Promoting Your Brand

NOLA Brewing

ORIGIN STORY

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Subhead  Katrina

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Dixie Beer

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Frank Zappa

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NOLA Brewing Logo

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Mission Statement

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Be true to who you are

in every decision you make.

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Through in-depth interviews and psychographic analysis, we uncovered a di!erent culture in sports + Kids doing very “unkidlike” things

STARTING FROM SCRATCH

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A BRAND story born of the CULTURE that DRIVES these athletes and the company

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IMAGERY THAT EMBODIES THE BRAND

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PROS THAT EMBODY HONOR THE GAME

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SOCIAL MEDIA: TWITTER

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SOCIAL MEDIA: FACEBOOK

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SOCIAL MEDIA: INSTAGRAM

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ELITE PRACTICE FACILITY

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PROTECTING THE BRAND

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A trademark is a word, phrase, symbol, or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others.

What is a trademark?

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A trademark gives a seller or producer the exclusive right to “register” a trademark and to prevent their competitors from using that trademark.

What does a trademark present?

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•  McDonald’s Golden Arches

•  NBC Charm

•  Louboutin Red

•  “Love that chicken from Popeyes”

Examples of Trademarks

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•  Actual use in commerce provides common law trademark rights.

•  Limited protection in

particular geographic markets without registration.

•  State registration provides very limited protection.

How do you get trademark protection?

•  Registration with the USPTO plus actual use in commerce or intent to use in commerce.

•  How?

•  Search for similar marks

•  Fill out the application

•  Pay the registration fee

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•  Protects original works of authorship, including pictorial, graphic, and literary works

•  Arises automatically upon creation

•  But registration with the Copyright Office is not necessary but provides legal benefits

What is a copyright?

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Examples of Copyrighted Works

•  Some elements of the text of product labels, website language

•  Photos and graphic elements used in advertising, product labels, websites

•  Slogans are protected under trademark, not copyright

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•  The Copyright Act provides certain rights to the owner:

•  Reproduce the work

•  Perform the work

•  Distribute copies of the work

•  Display the work

•  Prepare derivative works

Copyright Act Protections

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THANK YOU