Trademarks and the calculus of evolution
19 May 2009
Emma Barraclough, Seattle
As companies expand and globalization makes the world ever smaller, it’s almost inevitable that brands will collide. Emma Barraclough considers a formula for avoiding a clash
If you thought that trademark management was all about the law, think again. Being a strategic brand planner involves a great deal of math, says Paul Reidl, a past president of INTA. Reidl, one of the panelists on today’s session on brand collision, believes that trademark practitioners who need to protect their brands across jurisdictions and over time need to perform some difficult sums. “It’s all about a calculus of evolution,” he says.
For those for whom math is not a strong point, he goes on to explain how practitioners must consider the array of factors that impact on their clients’ ability to protect their marks in any given jurisdiction. These range from the substantive law that clarifies how the courts should assess concepts relating to trademarks in each country, to the strength of the mark itself and the changing nature of goods...
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