Cover image for Protecting the brand
Protecting the brand
Franklin, Talcott J.
Personal Author:
Publication Information:
Fort Lee, NJ : Barricade, [2003]

Physical Description:
144 pages ; 22 cm
Format :


Call Number
Material Type
Home Location
Item Holds
HD69.B7 F727 2003 Adult Non-Fiction Central Closed Stacks

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Franklin, an attorney in private practice, sorts out trademark law in a simple and descriptive manner and explains rules and concepts using brief case studies of court rulings that demonstrate the consequences of brand misuse. The book will be valuable to readers with a vested interest in protecting

Author Notes

Talcott J. Franklin is a magna cum laude graduate of Washington & Lee University School of Law, where he served as Editor in Chief of the Washington & Lee Law Review, and was selected to Order of the Coif. Formerly Intellectual Property Counsel at American Airlines, Inc., Tal is in private practice in Dallas, Texas

Reviews 3

Booklist Review

A lawyer who can write--not the oxymoron some might claim--Dallas attorney Franklin also proves himself an adequate brand manager as he undertakes the usually tedious explanation of the power and protection of copyrights, patents, and trademarks. In clear English (backed, of course, by legal citations), he sets out rules to follow in order to avoid turning proprietary brand names into generics such as Kleenex and thermos. Fully described policies are enhanced by clear tactical tips on both policing others' use and ensuring internal and external consistencies. The advice don't contribute the mark to the English language means developing brand strategy, beginning with a list of the product's core values. A good introduction, not to be mistaken for legal advice. --Barbara Jacobs Copyright 2003 Booklist

Publisher's Weekly Review

This short, practical guide to the rules of trademark law provides clear definitions of important terms, excellent examples of influential court decisions regarding uses and abuses of trademarks and useful tips on how a company can defend and keep a trademark. Franklin, a lawyer, explains the ins and outs of the U.S. Patent and Trademark Office and the key differences between R, c, TM and SM designations. He continually hammers home the most important points of trademark law, "(1) Always use the mark as an adjective; and (2) Do not confuse the mark with the company name." He makes it very clear why, for example, the Xerox Corporation does not need a trademark designation after its name, but why XeroxR brand copiers do need one. He also provides sample contracts and consent-to-use forms as well as examples of how to use trademarks correctly on business letterhead and cards. Unfortunately, the emphasis on utility makes this read more like a legal textbook than an general study of trademarks. From Franklin's examples, such as how the Duncan Company lost the trademark for its yo-yo toy, it is clear that he could write a much more detailed study of the sometimes strange history of trademarks than is provided here. However, he has managed to pack a wide range of detail into his short survey, and a few humorous observations provide a welcome respite from his "just the facts" approach. (Nov.) (c) Copyright PWxyz, LLC. All rights reserved

Library Journal Review

As companies scramble to differentiate themselves from the competition, branding has been getting a lot of press. But the trademark aspects of brands aren't nearly as well explored or understood. Corporate giants like Xerox and Kimberly-Clark are fighting hard to keep their brands from going the way of aspirin, cornflakes, and the zipper. Franklin, a former American Airlines intellectual property attorney, clearly outlines what managers need to know to protect what can be their companies' most valuable assets-trademarks. Franklin starts with the basics, explaining the distinctions among trademarks, patents, and copyrights. He demonstrates how creating an overall brand strategy, carefully crafting contracts, and monitoring trademark use can successfully keep a company's trademarks out of the public domain. Numerous examples from real trademark dilemmas as well as sample letters and legal documents help illustrate key concepts and add "handbook" practicality to this work. "Tips" sections throughout succinctly summarize the major points. Given the broad appeal of this topic to entrepreneurs, managers, and scholars, this book is recommended for academic as well as larger public libraries.-Carol J. Elsen, Univ. of Wisconsin, Whitewater (c) Copyright 2010. Library Journals LLC, a wholly owned subsidiary of Media Source, Inc. No redistribution permitted.

Table of Contents

Introductionp. 1
Part I The Principles of Brandsp. 11
A brand is a symbol that answers the question "Where did this come from?"p. 11
Trademarks, patents, and copyrights are not created equalp. 12
A brand is a shortcutp. 14
Brands sum up a consumer's experiencesp. 15
Brands are worth their weight in goldp. 16
Trademark friends and familyp. 18
Registration is not a silver bulletp. 20
Hey! That's my brand!p. 22
Trademark cases seek the death penaltyp. 24
Part II Brand Use Rulesp. 27
General Rules of Usep. 27
Rules for Using the Brand in Textp. 48
Part III Tricks of the Trade--The Practical Side of Brand Protection Programsp. 59
How To Create Your Own Legally Enforceable Brandp. 59
Create an Overall Brand Strategyp. 68
Using It to Avoid Losing Itp. 73
Keeping the Mark Out of the Public Domainp. 77
Avoiding Split Personalities: Not Everything is a Brandp. 83
Putting It in Writing: Protecting Your Brand in Contractsp. 94
Watching 'em Like a Hawk: Monitoring Trademark Usep. 104
Slapping Grubby Hands: Trademark Enforcementp. 107
Minding the s and s: Using the Appropriate Trademark Designationsp. 117
Playing It Again: Creating Brand Standardsp. 120
The Benefits and Risks of Licensingp. 123
Summaryp. 129
Appendix Brand Use Rulesp. 133
List of Authoritiesp. 139
Indexp. 141