What is Brand Protection?
“Brand Protection” is – according to the holy grail Wikipedia – “the process and set of actions that a right holder undertakes to prevent third parties from using its intellectual property without permission, as this may cause a loss of revenue, and, usually more importantly, destroys brand equity, reputation, and trust.” While Wikipedia pretty much nails it on the head (Don’t they always?), for me, “Brand Protection” represents an umbrella term for three specialized areas of law that are best suited to protect valuable brand assets – trademark, copyright, and contract. Together, the “big three” create a niche area of law – brand law – which is precisely the type of law that Breathe Brand Protection specializes in.
Given that I have received more than a few blank, confused stares when I explain what kind of law I practice, I wanted to get ahead of the most obvious question there is: What (the heck) is Brand Protection? Below is a summary of the three legal areas that fuse together to create the truly unique – and exciting! – realm of brand protection.
1. Trademarks. This one is (in my opinion) the most obviously relevant area of law and gets the most “Aha!” reactions when I am giving my brand protection spiel. Trademarks are words, designs, or combinations of both that indicate the source of goods and/or services for which they are used. Essentially, trademarks are the lifeblood of brand protection because they serve to protect brand names and logos. Nike certainly wouldn’t be the Nike brand – and wouldn’t be known for its iconic swoosh – without its insanely large portfolio of trademarks. Having a registered trademark affords your brand with perks such as federal protection; enforcement leverage; and licensure options (to name a few).
2. Copyrights. All brands have some sort of original, artistic works that are developed on behalf of the brand, whether that be photography, paintings, music, literature, or film. Registered copyrights help provide brands with protection and enforcement options against unauthorized third-party use of valuable creative assets.
3. Contracts. There are tons of ways that contracts tie into brand protection, but most often the contracts that come to mind are License Agreements and Non-Disclosure Agreements (“NDAs”). License Agreements are used to license out a brand’s intellectual property, whether that be trademark or copyright, so that the brand can control the use and receive payment for the same. NDAs keep brand’s proprietary information confidential from disclosure, such as internal trade secrets or customer lists. Other types of brand protection contracts include Website Agreements, Influencer Contracts, Independent Contractor Agreements, Service Contracts, Coexistence Agreements, and Settlement Agreements.
The above is all exceptionally high-level, but I trust you are more educated on brand protection now than you were before reading this blog post. Still have questions? Let’s chat!
With Gratitude,
