The Scoop on PromotionsProject Support Team Blog

January 15th, 2009

What’s in a name?

A brand or company’s identity could be anything from a name, phrase or slogan to a logo or image. I know, to you marketing folks this is nothing new.  But to many, it is big news.  Due to the potential consequences, it’s always a good refresher topic.

Just as any one of us would become angry over the use or theft of our own personal identity and would pursue action against the abuser, brands and companies are very protective over the use of their identities and marks by unapproved third parties.

Keep in mind that infringement issues extend far beyond blatant violations such as using the logo of a highly recognizable brand without approval.  For example, when a consumer submits a contest entry, it becomes the responsibility of the Sponsor to make certain all releases have been acquired.   Think you can simply give away tickets to a major sporting event by saying “The Big Game” and feature the specific details only in the Official Rules, think again…

The potential consequences can vary from a simple cease and desist notification to a lawsuit and shakedown for exorbitant fees.

So, the moral of the story…make sure you have all the appropriate approvals regardless of how prominent or minor the issue might be BEFORE the promotion ever goes live.

For more information on Trademark Infringement you can visit http://cyber.law.harvard.edu/metaschool/fisher/domain/tm.htm.